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In VanDiver v. Prison Health Services, an inmate alleges violations of his Eighth Amendment rights by medical neglect leading to amputations and eye damage.

Category Archives: News on Crime

Sixth Circuit Allows Inmate’s Medical Treatment Case to Proceed

VanDiver v. Prison Health Services, Inc In VanDiver v. Prison Health Services, Inc., the plaintiff filed a civil action pro se alleging that the defendants are violating his Eighth Amendment rights on an ongoing basis for neglecting proper treatment of his serious chronic medical conditions including Hepatitis C and diabetes. As a result, he received […]

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Sixth Circuit Upholds Sentencing Enhancements for Flint Man Based on Prior Conviction for Maintaining a Drug House

In U.S. v. Grayson, the defendant appealed his sentence due to application of an enhancement for a previous Michigan state conviction for maintaining a drug house, which doubled his five-year mandatory minimum. This is an appeal from the United States District Court for the Eastern District of Michigan at Flint. This Sixth Circuit Court of […]

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Kalamazoo Police Department Officers did not violate Fourth Amendment According to Sixth Circuit Court of Appeals

In a case that was factually a close call, U.S. v. Hinojosa, Jr., the defendant pled guilty to being a felon in possession of a firearm, a violation of 18 U.S.C. § 922(g)(1). However, he reserved his right to appeal the lower court’s denial of his motion to suppress the evidence regarding the gun. Therefore, […]

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Diet Soda Increases the Risk of Being over the Legal Limit

The next time you are out on the town and thinking of enjoying a mixed drink, you just might want to think twice about using a diet soda in the mix. According to a study published earlier this year, cutting calories in your cocktail by adding diet soda can lead to a higher breath alcohol […]

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Oakland County Medical Marijuana Defendants to Stand Trial after Prosecution Appeal

Michigan Medical Marijuana attorneys continue the battle to bring clarity to Michigan’s poorly thought out law. In the consolidated cases of People v. Johnson, et al., the Court of Appeals reversed and remanded for the reinstatement of criminal charges related to the operation of a marijuana dispensary. The cases originated in Oakland Circuit Court. The […]

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Mary’s Law: Michigan Expands Bond Provisions for People Being Prosecuted for Violent Crimes

A recent amendment of Public Act 192 of 2008—commonly known as Mary’s Law—expands its provisions to allow a judge or magistrate the discretion to require a defendant released on bail awaiting trial for any assaultive crime to wear an electronic monitoring device. Previously, Mary’s Law was restricted to crimes involving domestic violence. A judge or […]

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Have Federal Drug Crime Enforcement Officials in Detroit Lost Sight of the Fourth Amendment? A Review of Burley v Gagacki

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 […]

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When is a Child Witness Unavailable? A Comment on People vs Duncan.

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 […]

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People v. Prominski: Ionia Pastor Cannot be Prosecuted for Failure to Report Sexual Abuse by the Child’s Father

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 […]

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Sixth Circuit Comes to the Aid of Man Accused of Assaulting an Officer during a Wayne County Jail Transfer

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. […]

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