Criminal Law and Procedure

People v. Stevens: The Inoperable Gun Defense to Felonious Assault Charges

The short but important Michigan Supreme Court decision in People v. Stevens holds that an inoperable gun cannot be the basis of a felonious assault conviction. What Happened in the Case The Defendant Stevens pointed a starter pistol at another person. He was charged with felonious assault under MCL 705.82. The firing pin of the gun was filed down to the point where the gun would not fire. Felonious assault is an assault made by a gun, revolver, […]

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People v. Davenport: Do Convictions for Carrying a Concealed Weapon and Carrying a Firearm with Unlawful Intent Violate Double Jeopardy?

The Michigan Court of Appeals in People v. Davenport addresses the issue of whether convictions for carrying a concealed weapon and carrying a firearm with unlawful intent violate the Double Jeopardy provision of the Constitution. What Happened in the Case Davenport was in a bar when the cops first saw him. A cop testified he saw the outline of a gun in Davenport’s pocket. The police went to chase him but he got away. The police caught up […]

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People v. Hollis: Court Discusses Negligent Discharge of a Firearm Law

The Michigan Court of Appeals in People v. Hollis takes a look at the statute for negligently discharging a firearm. The Defendant in this case appealed a jury’s verdict. The appeal argued a lack of sufficiency of evidence to uphold the conviction. What Happened in the Case Hollis was the only witness in the case. He was sitting with a shotgun across his lap. Hollis claimed to believe there were only three shells in the shotgun which he […]

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People v. Jones: Court Discusses Inoperable Gun Defense to Felonious Assault Charges

The Michigan Supreme Court in People v. Jones discusses the inoperable gun defense for a felonious assault with a firearm charge The Case Facts Defendant entered a student’s dormitory room at Eastern Michigan University where he aimed a pistol at her. He later aimed a pistol at a second person who had chased him down the hallway. Defendant was charged with two counts of felonious assault. Felonious assault is an assault with a gun, revolver, pistol, other dangerous […]

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