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Coopwood v. Wayne County, MI, Brief of Amici Curiae, Excessive Force, 2022
Brief • November 17, 2022
Filed under: Excessive Force, Excessive Force (Police)
Coopwood v. Wayne County, MI, Brief of Amici Curiae, Excessive Force, 2022 Case: 22-1485 Document: 25 Filed: 11/17/2022 Page: 1 No. 22-1485 IN THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT JAQUETTA ANN COOPWOOD, v. Plaintiff-Appellant, WAYNE COUNTY, MI., ET AL., Defendants-Appellees. On Appeal from the United States …
Michigan Supreme Court Announces Forfeited Structural Error Automatically Satisfies Third Prong of Plain Error Standard Without a Showing of Prejudice
Article • November 15, 2022 • from CLN December, 2022
Filed under: Scope of Forfeiture, Plain/Harmless Error
Michigan Supreme Court Announces Forfeited Structural Error Automatically Satisfies Third Prong of Plain Error Standard Without a Showing of Prejudice by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan announced that a forfeited structural error automatically satisfies the third prong of the plain error standard without a showing …
Michigan Makes Civil Forfeiture Easier at Airports
Article • November 15, 2022 • from CLN December, 2022
Filed under: Civil Asset Forfeiture Reform Act (CAFRA), Seizure
Michigan Makes Civil Forfeiture Easier at Airports by Jayson Hawkins by Jayson Hawkins Civil forfeiture, the government confiscation of cash or assets believed to be related to criminal activity, has been a favorite tool of police since the early days of the war on drugs. The process requires a low …
McCann v. Fuller, MI, Plaintiff's Consolidated Response in Opposition to Dft's Motion for Summary Judgment, Wrongful Conviction, 2022
Brief • November 14, 2022
Filed under: Wrongful Conviction
McCann v. Fuller, MI, Plaintiff's Consolidated Response in Opposition to Dft's Motion for Summary Judgment, Wrongful Conviction, 2022 Case 1:19-cv-01032-PLM-PJG ECF No. 138, PageID.2776 Filed 11/14/22 Page 1 of 81 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN RAYMOND E. McCANN, II, Plaintiff, v. BRYAN FULLER, Special Representative of the …
ICE Used Fake University to Entrap Foreign Students to the Tune of $6 Million, Ruining Their Lives
Article • August 20, 2022
Filed under: Education (Juveniles), Government Deception and Trickery, Immigration Law/Offenses
ICE Used Fake University to Entrap Foreign Students to the Tune of $6 Million, Ruining Their Lives by Jo Ellen Nott by Jo Ellen Nott On August 9, 2022, 40 groups representing immigration advocates and civil rights activists sent a letter to the Department of Homeland Security, calling foul and …
News in Brief
Article • August 15, 2022 • from CLN September, 2022
Filed under: News in Brief
News in Brief by Canada: Techdirt reported that the Royal Canadian Mounted Police (“RCMP”), a division of that country’s federal law enforcement akin to the FBI, used malware to spy on people’s personal communications. The report came after the RCMP admitted to doing so in the summer of 2022. The …
Juvenile Justice Reform on the Agenda in Michigan after Teen Sent to Prison for Not Doing Online Homework
Article • August 13, 2022
Filed under: Education (Juveniles), Juvenile Prisons
Juvenile Justice Reform on the Agenda in Michigan after Teen Sent to Prison for Not Doing Online Homework by Jo Ellen Nott by Jo Ellen Nott On July 29, 2022 a Michigan task force presented its findings and made 32 recommendations to keep young people out of detention facilities, provide them …
Michigan Supreme Court Announces Punishment for Second-Degree Murder and Involuntary Manslaughter When Based on Same Conduct Violates Prohibition Against Double Jeopardy
Article • July 15, 2022 • from CLN August, 2022
Filed under: Double jeopardy
Michigan Supreme Court Announces Punishment for Second-Degree Murder and Involuntary Manslaughter When Based on Same Conduct Violates Prohibition Against Double Jeopardy by Anthony Accurso by Anthony W. Accurso The Supreme Court of Michigan ruled that the Legislature intended that no person be punished under both the state’s second-degree murder statute, …
Sixth Circuit: COA Not Required to Appeal Order Denying Rule 4(a)(5) Motion for Extension of Time to File Notice of Appeal
Article • July 15, 2022 • from CLN August, 2022
Filed under: Appeals/Appellate Jurisdiction, Periods of Delay
Sixth Circuit: COA Not Required to Appeal Order Denying Rule 4(a)(5) Motion for Extension of Time to File Notice of Appeal by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that a Certificate of Appealability (“COA”) is not required when appealing a district …
Sixth Circuit: No Abuse of Discretion in U.S. District Courts Imposing Habeas Remedy Different Than That Required Under State Law
Article • May 15, 2022 • from CLN June, 2022
Filed under: Habeas Corpus, Exhaustion of Remedies
Sixth Circuit: No Abuse of Discretion in U.S. District Courts Imposing Habeas Remedy Different Than That Required Under State Law by Dale Chappell by Dale Chappell The proper remedy in granting federal habeas corpus relief to a state prisoner is within the discretion of federal courts and not dependent on …
SCOTUS Adds Extra Obstacle to Federal Habeas Relief for State Prisoners, Ruling Both Brecht and the AEDPA Must Be Satisfied
Article • May 15, 2022 • from CLN June, 2022
Filed under: AEDPA, Procedural Default/Error
SCOTUS Adds Extra Obstacle to Federal Habeas Relief for State Prisoners, Ruling Both Brecht and the AEDPA Must Be Satisfied by Dale Chappell by Dale Chappell Citing the need to respect the finality of state convictions, the Supreme Court of the United States (“SCOTUS”) held on April 21, 2022, that …
News in Brief
Article • May 15, 2022 • from CLN June, 2022
Filed under: News in Brief
News in Brief by Connecticut: On Apr. 15, 2022, a Norwalk police officer of 10 years was arrested of assaulting a family member. WVIT, a news channel serving New Britain, reports that officer Jermaine Nash, 44, was arrested after a call was made to police in the mid-afternoon of the …
Michigan Supreme Court: IAC Where Defense Counsel Failed to Request Instruction on Defense-of-Others for Nonassaultive Offense of Home Invasion, Orders New Trial
Article • May 15, 2022 • from CLN June, 2022
Filed under: Failure to Consult/Investigate/Raise
Michigan Supreme Court: IAC Where Defense Counsel Failed to Request Instruction on Defense-of-Others for Nonassaultive Offense of Home Invasion, Orders New Trial by David Reutter by David M. Reutter The Supreme Court of Michigan held that defense counsel was ineffective for failing to request a defense-of-others jury instruction for defendants …
Rushing v. Michigan Dept of Corrections, MI, Judgment, Failure to Accomodate Disability, 2022
Brief • April 14, 2022
Filed under: Disabled Prisoners
Rushing v. Michigan Dept of Corrections, MI, Judgment, Failure to Accomodate Disability, 2022 2019-001635-CD RUSHING, DARRIN~ FILED by Macomb County Circuit Court 4/ 14/2022 1:57:30 PM Service, Submitted, and File STATE OF MICHIGAN IN THE 16TH JUDICIAL CIRCUIT COURT FOR MACOMB COUNTY DARRIN RUSHING, Plaintiffs, Case No: 2019-001635-CD Hon. Edward …
Stojcevski v. County of Macomb, MI, Settlement, Failure to Provie Medical Care, 2022
Brief • March 31, 2022
Filed under: Systemic Medical Neglect
Stojcevski v. County of Macomb, MI, Settlement, Failure to Provie Medical Care, 2022 RELEASE OF ALL CLAIMS AND SETTLEMENT AGREEMENT This Release of All Claims and Settlement Agreement (Agreement) is made by Macomb County on behalf of Defendant Macomb County and Plaintiff Dafinka Stojcevski as Personal Representative of the Estate …
News in Brief
Article • March 15, 2022 • from CLN April, 2022
Filed under: News in Brief
News in Brief by Alabama: Techdirt reports that police in Brookside have routinely violated the law in traffic enforcement. By early February 2022, it was clear that the local police department in the small town had been racking up staggering amounts of income in traffic fines, receiving more than $600,000 …
Greene v. Crawford County, MI, Settlement, Lack of Medical Care, 2022
Brief • March 7, 2022
Filed under: Medical Neglect/Malpractice
Greene v. Crawford County, MI, Settlement, Lack of Medical Care, 2022 Case 1:18-cv-11008-TLL-PTM ECF No. 141, PageID.6413 Filed 03/07/22 Page 1 of 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION CHERYL GREENE, Personal Representative of the Estate of DWAYNE GREENE, deceased, Plaintiff, Case No. 1:18-cv-11008 Honorable Thomas …
News in Brief
Article • February 15, 2022 • from CLN March, 2022
Filed under: News in Brief
News in Brief by Alabama: On December 21, 2021, two former police officers in West Blocton, Alabama, were arrested and charged with sexual assault. According to WBRC, a news station serving Birmingham, the Tuscaloosa Police Department announced that the former officers, Craig Baird Arnold, 49, and Brian Keith Whatley, 50, …
Michigan Supreme Court Announces 2011 SORA May Not Be Retroactively Applied to Registrants Whose Offenses Predated Its Enactment Because Doing So Violates Prohibition on Ex Post Facto Laws
Article • February 15, 2022 • from CLN March, 2022
Filed under: Retroactivity, Sex Offender Registration and Notification Act
Michigan Supreme Court Announces 2011 SORA May Not Be Retroactively Applied to Registrants Whose Offenses Predated Its Enactment Because Doing So Violates Prohibition on Ex Post Facto Laws by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan held that application of the state’s Sex Offenders Registration Act, MCL …
Sixth Circuit: Michigan’s Ordinarily ‘Adequate’ Contemporaneous-Objection Rule, in Unique Circumstances, May Not Procedurally Bar Federal Habeas Review
Article • February 15, 2022 • from CLN March, 2022
Filed under: Habeas Corpus, Objections
Sixth Circuit: Michigan’s Ordinarily ‘Adequate’ Contemporaneous-Objection Rule, in Unique Circumstances, May Not Procedurally Bar Federal Habeas Review by Dale Chappell by Dale Chappell  The U.S. Court of Appeals for the Sixth Circuit held that Michigan’s contemporaneous-objection rule, requiring an objection to an error in the trial court even if the …
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