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Retiree’s Home Taken for $8.41 Tax Bill Draws Michigan Supreme Court Ire
Article • December 15, 2020 • from CLN January, 2021
Filed under: Forfeiture, Tax Law
Retiree’s Home Taken for $8.41 Tax Bill Draws Michigan Supreme Court Ire by Jayson Hawkins by Jayson Hawkins A 1999 Michigan state law provided for properties with unpaid taxes to be seized and rapidly resold by county treasurers. While this practice is not uncommon across the nation, a peculiarity of …
Sixth Circuit Vacates Sentence Where Upward Variance Based on Criminal History Had Little Bearing on Instant Offense
Article • November 15, 2020 • from CLN December, 2020
Filed under: U.S. Sentencing Guidelines, Criminal Sexual Abuse, Resentencing, Probation, Parole & Supervised Release, Substantively Unreasonable
Sixth Circuit Vacates Sentence Where Upward Variance Based on Criminal History Had Little Bearing on Instant Offense by Douglas Ankney   by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit vacated the U.S. District Court for the Western District of Michigan’s sentence where the sentence imposed was …
Herriges v. County of Macomb, MI, Partial Settlement, Failure to Provide Medical Care, 2020
Brief • October 26, 2020
Filed under: Failure to Treat, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness)
Herriges v. County of Macomb, MI, Partial Settlement, Failure to Provide Medical Care, 2020 Case 2:19-cv-12193-DML-EAS ECF No. 103, PageID.1760 Filed 10/26/20 Page 1 of 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CAROL HERRIGES, as Personal Representative of the ESTATE OF DIETER HERRIGES-LOVE, deceased, Plaintiff, v. …
Sixth Circuit Finds IAC for Failure to Raise ‘Clearly Foreshadowed’ Change in Law on Appeal
Article • October 15, 2020 • from CLN November, 2020
Filed under: Habeas Corpus, Ineffective Assistance of Counsel
Sixth Circuit Finds IAC for Failure to Raise ‘Clearly Foreshadowed’ Change in Law on Appeal by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on August 20, 2020, that appellate counsel’s failure to raise a “clearly foreshadowed” change in decisional law that would’ve …
Sixth Circuit: Michigan Courts’ Procedure Allowing Appellate Counsel’s Withdrawal Unconstitutional
Article • October 15, 2020 • from CLN November, 2020
Filed under: Habeas Corpus, Counsel - Withdrawal/Substitution of
Sixth Circuit: Michigan Courts’ Procedure Allowing Appellate Counsel’s Withdrawal Unconstitutional by David Reutter by David M. Reutter The U.S. Circuit Court of Appeals for the Sixth Circuit held that Michigan courts unreasonably applied clearly established federal law by allowing a defendant’s appellate counsel to withdraw and failing to appoint replacement …
Sixth Circuit Clarifies ‘Different Location’ in Robbery Guidelines Enhancement Commentary Requires More Than Herding Victims To Different Room
Article • October 15, 2020 • from CLN November, 2020
Filed under: Sentence Enhancements/Departures, Hobbs Act
Sixth Circuit Clarifies ‘Different Location’ in Robbery Guidelines Enhancement Commentary Requires More Than Herding Victims To Different Room by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Sixth Circuit clarified that the term “different location” in the U.S. Sentencing Guidelines commentary definition of “abduction” requires more …
Michigan Supreme Court: Probation Compliance Check During Unlawfully Extended Probation Was Unauthorized Warrantless Search
Article • September 15, 2020 • from CLN October, 2020
Filed under: Overdetention, Warrantless Searches, Probation, Parole & Supervised Release
Michigan Supreme Court: Probation Compliance Check During Unlawfully Extended Probation Was Unauthorized Warrantless Search by Matthew Clarke by Matt Clarke The Supreme Court of Michigan ruled that a probation officer who found heroin during a compliance check after the probation had ended and then been unlawfully extended conducted an unauthorized …
Detroit Cops Who Fabricated Evidence to Wrongfully Convict 14-Year-Old Not on Prosecutor’s Brady List
Article • August 28, 2020
Filed under: Police/Govt Misconduct, Evidence - Failure to Disclose
Detroit Cops Who Fabricated Evidence to Wrongfully Convict 14-Year-Old Not on Prosecutor’s Brady List by Dale Chappell by Dale Chappell An officer from the Detroit, Michigan, Police Department who fabricated evidence in order to convict a 14-year-old boy of murders he didn’t commit were not on the list of problem …
Sixth Circuit: Prosecutor’s Improper Comments and Counsel’s Failure to Object Require New Trial
Article • August 15, 2020 • from CLN September, 2020
Filed under: AEDPA, Ineffective Assistance of Counsel, Failure to Object
Sixth Circuit: Prosecutor’s Improper Comments and Counsel’s Failure to Object Require New Trial by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on May 15, 2020, that a prosecutor’s improper comments to the jury during a murder trial, and counsel’s failure to object …
Sixth Circuit Grants Habeas Relief for Defendant Shackled During Murder Trial Without On-the-Record Justification
Article • August 15, 2020 • from CLN September, 2020
Filed under: Habeas Corpus, AEDPA, Shackles
Sixth Circuit Grants Habeas Relief for Defendant Shackled During Murder Trial Without On-the-Record Justification by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit granted conditional habeas corpus relief to a Michigan prisoner who alleged that the use of shackles upon him during trial …
News in Brief
Article • July 15, 2020 • from CLN August, 2020
Filed under: News in Brief
News in Brief by California: A series of racist and anti-Muslim posts on social media allegedly has ties to a private group of active and retired San Jose Police officers calling themselves 10-7ODSJ, a reference to the police code for “off duty,” mercurynews.com reports. In June 2020, four of them …
Michigan Supreme Court Announces Court Must Inform Defendant of Consecutive Sentencing Authority When Accepting Plea
Article • July 15, 2020 • from CLN August, 2020
Filed under: Concurrent and Consecutive Sentences, Plea Agreements/Guilty Pleas
Michigan Supreme Court Announces Court Must Inform Defendant of Consecutive Sentencing Authority When Accepting Plea by David Reutter by David M. Reutter In a case of first impression, the Supreme Court of Michigan held “that MCR 6.302(B)(2) requires the trial court, in cases where such advice is relevant, to advise …
Courts Oppose Prosecutors’ Attempts to Right Past Wrongs
Article • June 15, 2020 • from CLN July, 2020
Filed under: Wrongful Conviction
Courts Oppose Prosecutors’ Attempts to Right Past Wrongs by Douglas Ankney by Douglas Ankney Over the past 10 years, a growing number of reform-minded prosecutors has emerged across the U.S., seeking not only to reform current tough-on-crime practices but also to acknowledge mistakes of the past. For example, in 2018, …
Carpenter Slowly Remaking Fourth Amendment Case Law
Article • June 15, 2020 • from CLN July, 2020
Filed under: Fourth Amendment, rights, Cell-Phone Location/Tracking Data
Carpenter Slowly Remaking Fourth Amendment Case Law by Anthony Accurso by Anthony Accurso The U.S. Supreme Court issued a landmark decision in 2018, which has been slowly changing the way courts interpret the Fourth Amendment of the U.S. Constitution in our era of mobile technology — and impacting the day-to-day …
Sixth Circuit Grants Habeas Relief After Michigan Court Violates Confrontation Clause
Article • May 15, 2020 • from CLN June, 2020
Filed under: Habeas Corpus, Confrontation Clause/Rights
Sixth Circuit Grants Habeas Relief After Michigan Court Violates Confrontation Clause by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on April 7, 2020, that a Michigan court’s violation of a defendant’s right to confront the witness against him in court was not …
Michigan Supreme Court Announces that Duress May be Asserted as an Affirmative Defense to Felony Murder, Overruling Gimotty and Etheridge
Article • May 15, 2020 • from CLN June, 2020
Filed under: Murder/Felony Murder
Michigan Supreme Court Announces that Duress May be Asserted as an Affirmative Defense to Felony Murder, Overruling Gimotty and Etheridge by Douglas Ankney by Douglas Ankney In a case of first impression for the Supreme Court of Michigan, the Court announced that the affirmative defense of duress may be asserted …
News in Brief
Article • May 15, 2020 • from CLN June, 2020
Filed under: News in Brief
News in Brief by Arizona: Tucson has a new ordinance topunish those who fail to stay outside designated crime scene perimeters, the Tucson Star reports. The law aims to halt “cop haters” with cameras, but the potential fallout is a stifling of First Amendment rights. While people should not provoke …
Executive Order 2020-62, MI, COVID-19 Protocols, 2020
Publication • April 26, 2020
Filed under: COVID-19
Executive Order 2020-62, MI, COVID-19 Protocols, 2020 ¢6i • . Tl/DO '•% ~ '•e _.••' S TAT E O F M IC HIGAN GRETC HEN W H IT M ER OFFICE OF THE GOVERNOR GARLIN G ILC H RIST II GOVERN OR L ANSI NG LT. GOVERNOR EXECUTIVE ORDER No. …
City of Grand Rapids to Pay Marine $190,000 After He Was Unlawfully Detained as ‘Illegal Foreign National’
Article • April 15, 2020 • from CLN May, 2020
Filed under: Immigration Detention, Unlawful Detention
City of Grand Rapids to Pay Marine $190,000 After He Was Unlawfully Detained as ‘Illegal Foreign National’ by Douglas Ankney by Douglas Ankney According to November 14, 2019, news reports from dailykos.com and nytimes.com, the city of Grand Rapids, Michigan, will pay $190,000 to former U.S. Marine Jilmar Ramos-Gomez after …
Executive Order 2020-29, MI, COVID-19 Protocols, 2020
Publication • March 29, 2020
Filed under: COVID-19
Executive Order 2020-29, MI, COVID-19 Protocols, 2020
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