The United States Supreme Court, in Howes v. Fields, rejected a per se rule that questioning a prison inmate in a room isolated from the general prison population about events occurring outside the prison is custodial interrogation. The Fifth Amendment of the Constitution requires that a person in “custodial interrogation” be read Miranda rights, those…
Continue reading ›The Michigan Supreme Court took up some important issues related to the Michigan Gross Indecency Law in the consolidated cases of People v. Lino and People v. Bashier. Issues of the Case There were four issues in these cases: Is the Michigan Gross Indecency Statute unconstitutionally vague? Whether the standard of common sense of the…
Continue reading ›The following is an outline of the new criminal law legislation in Michigan for the year of 2011; I. New Crimes & Penalties A. Bath Salts. 2011 PA 88. Effective Aug. 2, 2011. Adds bath salts that are sold under some of the following trade names to schedule 1; White Lighting, Scarface, Sonic, White Dove,…
Continue reading ›The Fourth Amendment requires that police obtain a warrant before entering a home though there are some exceptions. One exception involves a situation in which evidence of a crime is being destroyed. In the case of Kentucky v. King, the U.S. Supreme Court addressed the question of whether this rule applies when the police, by…
Continue reading ›A new law will enable qualifying non-citizens to be released from prison early for the purposes of deportation. To qualify, the prisoner must have served half the minimum sentence. Prisoners convicted of murder in the first or second degree, criminal sexual conduct in the 1st, 2nd, or 3rd degree, or sentenced as a habitual offender…
Continue reading ›The following is an outline of Michigan Criminal Law Legislation in the year of 2010; I. New Crimes and Penalties A. Alcohol. 1. Beer Kegs. 2010 PA 344. Effective Dec. 21, 2010. Requires sold beer kegs to have an identification tag that allows the keg to be traced to the purchaser. It is a misdemeanor,…
Continue reading ›The Supreme Court of the United States in Padilla v. Kentucky ruled that attorneys representing a non-citizen defendant must advise that a guilty plea may result in adverse immigration consequences. Specifically, the Supreme Court held that where deportation consequences for the defendant are clear, counsel has a duty to warn of the consequences. However, where…
Continue reading ›The Case of People v. Brown focuses on a statute regarding anabolic steroids. What Happened in the Case The Defendant in this case was a police officer. Defendant was being investigated for possible anabolic steroid use. The investigating officer contacted an inspector in the Postal Service Office to intercept any suspicious packages going to a…
Continue reading ›It is against the law in Michigan to sniff glue to get high. State Law on Glue Sniffing Michigan Law prohibits a person from intentionally inhaling or smelling glue to produce intoxication or euphoria. Sniffing glue is a misdemeanor, punishable by up to 93 days in jail, fines and court costs, or both. MCL 752.272.…
Continue reading ›People often ask me what they should wear to Court. Here’s how I respond: Dress to Impress Wear an outfit to Court that shows you are trying to dress to impress. Think to yourself, what could I wear that shows I’m taking this seriously? Your clothing choices can communicate a lot to the judge. It…
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