Aggressive Criminal Defense Blog

Designed To Protect From Unlawful Search and Seizure The Fourth Amendment to the United States Constitution is designed to protect us from unreasonable searches and seizures. The recent Sixth Circuit opinion in the case of Burley v. Gagacki is enough to make you wonder how well that is working in Detroit. In this case, it […]

It is a common scenario for Michigan criminal defense attorneys—a witness is available for testimony in the preliminary examination to be held in a district court. The attorney has to make a recommendation as to whether to hold the examination or waive it. Most effective trial attorneys would hold the exam in most cases where […]

In People v. Prominski, the Court of Appeals addressed whether a pastor is obligated under MCL 722.633(2) to report child abuse when alerted by a parishioner who was asking for the pastor’s guidance on the issue. The case originated in the Ionia Circuit Court. This opinion was released for publication on August 22, 2013. This […]

In U.S. v. Zabawa, a federal inmate assaulted a law enforcement officer while in custody. The defendant appealed his resulting convictions. This opinion was released on June 3, 2013. The assault occurred after a transfer from Wayne County Jail to the federal courthouse for sentencing. The defendant lunged at the officer and started punching him. […]

In People v. Mitchell, a case arising out of the Saginaw County Circuit Court, the Court of Appeals reversed a defendant’s convictions due to lack of a specific jury instruction and insufficiency of evidence. The opinion was released for publication on June 6, 2013. The defendant was convicted by jury of second-degree murder and carrying […]

In a 5-4 decision, the United States Supreme Court held in Alleyne v. United States that any fact that by law increases a criminal penalty is an “element” of an offense that must be submitted to a jury and determined beyond a reasonable doubt. Therefore, Harris v. United States is overruled. The opinion was released […]

In People v. Burns, the Michigan Supreme Court granted the prosecution’s application for leave to appeal based on the Court of Appeals’ reversal of a criminal conviction due to evidentiary issues. The case originated in the Bay County Circuit Court. The opinion was released on June 18, 2013. Bible School Instructor Reports Sexual Abuse On […]

Sometimes you have to wonder if the U.S. Supreme Court has lost sight of the Constitution altogether. The Miranda decision itself moved the focus from the constitutional right to remain silent to the act of advising the suspect of that right. Today, police officers are given forms and cards to read to make sure they […]

In a 5-4 ruling, the U.S. Supreme Court held in Maryland v. King that when a person is arrested for a serious crime, which is supported by probable cause, taking and analyzing DNA from a cheek swab is a legitimate booking procedure, like taking mug shots and fingerprinting. The opinion was released on June 3, […]

In People v. Koon, the Michigan Supreme Court unanimously held that, under the Michigan Medical Marihuana Act (MMMA), a qualifying patient may not be arrested or prosecuted for the medical use and internal possession of marijuana while driving if possession does not exceed 2.5 ounces. However, if the defendant is shown to have been under […]