Criminal Law and Procedure

People v. Brown: Michigan Gross Indecency Law

The Michigan Court of Appeals in People v. Brown discusses the Michigan Gross Indecency Law. In this case, the Court of Appeals affirms the rule that for a conviction under this law the gross indecency must be in public. What is Gross Indecency Law in Michigan? In this case, the defendants were charged with gross indecency between female persons, in addition to soliciting and accosting. The gross indecency between female law is MCL 750.338a. The law states that […]

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People v. Warren: Can It Be Prostitution Without Sex?

The Michigan Supreme Court in People v. Brown answered a pressing question: Is it prostitution if it was only hands? In this case, defendants owned a massage parlor where nude female employees provided manual stimulation to nude male customers. The defendants argued that this was not prostitution because the definition of prostitution only applies to sexual intercourse. What Happened in the Case Defendants were charged with several crimes, including accepting the earnings of prostitutes, conspiracy to accept the earnings […]

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People v. Drake: Can it Be Gross Indecency Without Sex?

The Michigan Court of Appeals in People v. Drake focuses on the Michigan Gross Indecency Law. Specifically, the Court looks into the question of whether gross indecency is limited to certain traditional sexual acts or includes other sexual acts. The Court concluded that the gross indecency law is not limited to certain traditional sexual activities. Sexual gratification can come in forms beyond just the “traditional” or easily identified sexual activities. The question to answer is whether there has been […]

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People v. Kowlaski: Supreme Court Answers What Does It Mean to “Accost” A Child for Immoral Purposes?

The Michigan Supreme Court Case of People v. Kowalski focuses on the law of accosting a minor for immoral purposes under MCL 750.145a. Specifically, the Court answers the question of what does it mean to ‘accost’ a minor? What Happened in the Case Defendant was speaking with a “girl” on the internet whom he believed was 15 years old. The girl was really an undercover police officer. The Defendant and the fake girl had several conversations, that were […]

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People v. Tennyson: What Does It Mean to Contribute to the Neglect or Delinquency of a Minor Child?

The Michigan Supreme Court in People v. Tennyson discusses the Michigan law of contributing the delinquency of a minor. In this case, the Court sought to determine whether evidence that a child was present in a home where a defendant was in possession of drugs and firearms is legally sufficient for a conviction under the criminal law of contributing the neglect or delinquency of a minor under MCL 750.145. Specifically, what level of certainty is required to determine […]

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People v. Favreau: Man in His Hotel Room Cannot Be Convicted of Disorderly Person-Public Intoxication

The Court of Appeals in People v. Favreau ruled that Defendant’s conviction for disorderly person was improper because a hotel room is not a public place. The disorderly person public intoxication statute requires a person to be intoxicated in a public place for a conviction. The Case Facts Defendant was staying overnight in a hotel room he was renting. People in neighboring rooms complained there was loud music coming from his room. Defendant’s girlfriend was seen in the […]

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People v. Reynolds: What Does it Mean to Carry a Concealed Weapon?

The Michigan Court of Appeals in People v. Reynolds discusses what it means to have a “concealed weapon.” Reynolds was charged with Carrying a Concealed Weapon under Michigan Law MCL 750.227. After a jury trial convicted him of that crime, he appealed. The Court of Appeals analyzed the elements and issues with carrying a concealed weapon law. Takeaway from the Case The important aspect of this case is the Court’s definition of a “concealed” weapon. A person can […]

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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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