Articles Posted in Assault

Michigan Court Discusses Newly Discovered Evidence in Criminal Cases
ArborYpsi Law

In many criminal trials, the prosecution relies on testimony from victims and eyewitnesses to prove its case against the defendant. As such, if a key witness for the state later recants their testimony, it may constitute grounds for reversing a defendant’s conviction. A change in an eyewitness account will not always result in a favorable…

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Michigan Court Discusses Presentation of an Insanity Defense in an Assault Case
ArborYpsi Law

Criminal defendants rarely lack grounds to assert the insanity defense, but when they present compelling evidence demonstrating that the defense applies, they can often avoid a conviction. As such, if a defense attorney makes mistakes that prevent a defendant from offering a valid insanity defense, it may constitute grounds for reversing a conviction, as shown…

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Michigan Court Explains the Right to Self-Representation in Criminal Matters
ArborYpsi Law

The Michigan Constitution and the United States Constitution afford criminal defendants many rights, including the right to counsel and the right to self-representation. While defendants are protected from harm caused by incompetent attorneys in that they can assert claims of ineffective assistance of counsel, if they choose to represent themselves, they waive the right to…

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Michigan Court Discusses Sufficiency of Evidence Establishing Guilt for an Assault Crime
ArborYpsi Law

When a person is charged of violating a Michigan criminal statute, the prosecution must prove their guilt beyond a reasonable doubt in order to obtain a conviction. If the evidence the state offers at trial is insufficient to sustain a conviction, but a defendant is nonetheless found guilty, they may have grounds for filing an…

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Michigan Court Discusses Evidence of Other Acts in Criminal Trials
ArborYpsi Law

Typically, in Michigan criminal trials, the prosecution is not permitted to introduce evidence that the defendant previously engaged in wrongful behavior that is similar to the criminal offense they are accused of committing. There are some exceptions, though, as demonstrated in a recent Michigan matter in which the defendant challenged his conviction for sexual assault…

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Michigan Court Discusses Inconsistent Verdicts in Criminal Matters
ArborYpsi Law

It is well established under Michigan law that people can be charged with more than one offense following a single criminal incident. They cannot be found guilty twice for the same crime, however, as such rulings violate double jeopardy. Further, they cannot be found guilty of multiple crimes if such convictions are contradictory. In other…

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Michigan Court Discusses the Standard of Review in Criminal Appeals
ArborYpsi Law

In Michigan criminal matters, the prosecution bears the burden of proving each element of a charged offense beyond a reasonable doubt. If it cannot meet this burden, the evidence should be deemed insufficient to obtain or sustain a conviction. The standard of review the court employs when faced with challenges to the sufficiency of the…

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