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Many criminal offenses include an element of intent. In other words, the prosecution must show that the defendant acted knowingly or intentionally in order to obtain a conviction. When the terms of a criminal statute are vague, however, it may be unclear what evidence is necessary to obtain a conviction. The United States Supreme Court…

The Michigan Rules of Evidence dictate what evidence the state is permitted to use against a defendant at trial. Among other things, it must be relevant. Additionally, evidence that passes the relevance threshold may be deemed inadmissible if it is overly prejudicial. In a recent Michigan matter in which a defendant appealed his murder conviction,…

When the Michigan courts sentence criminal defendants, they will typically rely on numerous factors, like sentencing guidelines and offense variables (OV), to determine what they deem an appropriate penalty. Courts are not immune to errors, though, and if they incorrectly apply the guidelines or calculate the OV improperly, it may constitute grounds for a reversal.…

The case of People v. Mead is an important case for Fourth Amendment rights in Michigan. What Happened in the Case Mead was a passenger in a car. He had just met the driver, who had offered him a ride. The police stopped the vehicle and ordered the driver and Mead out of the car.…

A cramped airplane is the last place you think a sexual assault would occur, but unfortunately, they happen more than you would think. New Laws Designed to Protect Airplane Passengers A sexual misconduct task force bill was reauthorized by the Federal Aviation Administration. Airlines have stated they have no tolerance for sexual harassment or assault…

In Yellowstone County in 1973 a young married couple was strangled to death. The victims were Linda and Clifford Bernhardt. Linda had also been sexually assaulted. The case went on for 45 years with no answers as to who committed such a terrible crime. That was until an online database that traces distant relatives was…

In 1982 Archie Williams was wrongfully convicted of rape, aggravated burglary and attempted murder. He was sentenced to life in prison. Fingerprint technology proved his innocence due to the innocence project, a nonprofit organization that challenges wrongful convictions. The true rapist was identified as Stephen Forbes. Forbes had been convicted of several other rapes and…

Michigan voters have said yes to legal marijuana. What does this mean for you? What You Can Do A person over 21 can possess up to 2.5 ounces of marijuana. Not more than 15 grams of the marijuana can be in concentrate form. A person can use and consume marijuana. At home, a person can…

In a historic vote the people of Michigan have chosen to make marijuana legal for recreational use. What is Allowed Those 21 and up can have up to 2.5 ounces of weed on them. They can have up to 10 ounces at home (must be locked up). People may grow up to 12 plants at…

In less than two weeks Michigan voters will go to the polls and decide on legal marijuana. Less than ten years ago Michigan voters overwhelmingly approved medical marijuana. So we’ll see what happens this November 6. What Are We Voting on Exactly? Here is the language that you will see on the ballot when you…