Archive for October, 2014

C.S.C.: When Witness is a Child – Part I

Sometimes child witnesses are given special accommodations in a trial and other criminal proceedings.  It is important to remember that in a criminal case, you have a right to confront the witnesses against you pursuant to the Michigan and United States Constitutions.  However, there are carve-outs to this right.  One of those carve-outs is the […]

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Instructing the Jury on Your Defense

This blog will discuss a trial judge giving proper jury instructions. To begin, jury instructions are the set of legal rules a judge reads to a jury for the jurors to follow when deciding a case.  Regarding jury instructions, the instructions “must include all elements of the charged offenses and any material issues, defenses, and […]

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Dog Fight – Watching is Illegal

This blog will discuss the consequences of attending a dogfight in the state of Michigan.  A person violates the law against dogfights if he or she (1) is present at a dogfighting exhibition and (2) knows that the dogfighting exhibition is taking place. A recent Michigan Court of Appeals case discusses the law against attending […]

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Personal Protection Orders

This blog will discuss Personal Protection Orders (PPOs) in the state of Michigan. Primarily, this blog will review when a trial court must issue a PPO.  A trial court must issue a PPO if it finds there is reasonable cause to believe the individual to be restrained may commit certain acts, including engaging in stalking.  […]

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Police Suggestive Identification

This blog will discuss suggestive pre-trial identification.  Photographic identification procedures can violate a defendant’s due process rights if they are so impermissibly suggestive as to give rise to a substantial likelihood of misidentification.  Police may provide an improper suggestion when a witness is shown only one person.  This is because the witness is tempted to […]

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