Archive for January, 2014

Michigan Sentencing: Beware the Upward Departure

In a prior blog, we talked about the Michigan Sentencing Guidelines. In this post, we will discuss an example of how a court may be persuaded to sentence outside of the guidelines; this is called a departure.   I have often been asked about the appropriateness or fairness of an upward or downward departure from […]

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When the Police Lie to Obtain a Search Warrant

Recently, I have been asked about what to do when a defendant thinks the police lied to obtain a search warrant. There is a recent case that covers this issue, People of the State of Michigan v. Marcus Dwane Manning. The case discusses when a trial court is obligated to conduct a Franks hearing. A […]

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Court of Appeals Increases MMMA Caregivers’ Responsibilities in People v. Hartwick

In PEOPLE OF THE STATE OF MICHIGAN V RICHARD LEE HARTWICK, Defendant appealed the trial court’s decision that Defendant was not entitled to immunity under § 4 of the Michigan Medical Marijuana Act (MMMA) nor was he entitled to a § 8 defense.  The Court of Appeals affirmed the trial court’s decision.   Defendant was […]

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What to do if the Court withholds favorable evidence?

I am asked all the time about “Brady Material” and what is a “Brady Violation” There was a recent case that discussed “Brady” so I am taking the opportunity to write about it.   In the case of Jefferson v. United States Court of Appeals, the defendant claimed that there was misconduct by the prosecutor […]

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