The Saginaw County Circuit Court overturned a jury conviction of second-degree murder due to the failure of the trial court to provide adequate jury instruction.

Category Archives: News on Crime

SAGINAW COUNTY CIRCUIT COURT OVERTURNED MURDER CHARGES BECAUSE OF ERRORS BY THE TRIAL COURT JUDGE

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 […]

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U. S. SUPREME COURT RULES THAT ALL SENTENCE ENHANCEMENT FACTORS MUST BE PROVEN BEYOND A REASONABLE DOUBT: AN EXPLANATION OF ALLEYNE V. UNITED STATES

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 […]

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Bay County CSC Conviction Overturned Due to Violation of the Michigan Rules of Evidence Regarding Child Testimony

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 […]

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What is Left of the Fifth Amendment? Even Silence May Not be Enough to Preserve Your Fifth Amendment Rights.

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 […]

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U.S. Supreme Court Blesses Collection of DNA for People Arrested but not Convicted. Maryland v. King is Concerning to Advocates of Constitutional Protections.

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, […]

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MICHIGAN SUPREME COURT TAKES A STEP TOWARD RIGHTING THE SHIP ON DRUGGED DRIVING LAWS. A COMMENT ON PEOPLE V. COON AND THE MICHIGAN MEDICAL MARIJUANA ACT

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 […]

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Barry County Man Charged with One Murder, Suspected of Another

For almost two years, a Delton man has been under investigation for possible connection with a pair of deaths. He has now been formally charged with the murder of one of the victims. There is no statute of limitations for murder in Michigan, so this delay is not a problem. Barry County prosecutors charged Harold […]

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SIXTH CIRCUIT DENIES QUALIFIED IMMUNITY FOR POLICE WHO VIOLATE ESTABLISHED CONSTITUTIONAL PROTECTIONS

The U.S. Sixth Circuit Court of Appeals addressed a case involving the qualified immunity of police officers. Donnetta Smith v. Stoneburner was released on May 10, 2013. Charles Smith shoplifted a $14.99 phone charger and two police officers visited his home. While arresting him, the officers entered the house twice without a warrant. Police then […]

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IMPORTANT CHANGES IN THE VULNERABLE ABUSE STATUTE

This week, Governor Snyder signed a bill to amend the vulnerable adult embezzlement statute to allow judges to impose stricter sentencing. This statute prohibits individuals from obtaining money or property, for direct or indirect benefit, through fraud, deceit, coercion, unjust enrichment, or misrepresentation from those known to be or suspected of being vulnerable adults. Moreover, […]

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Amendments to Michigan’s Juvenile Competency Statute

Criminal Defense Attorneys for Michigan Children Parents seeking help for a child with mental health issues will find that Michigan’s new law presents new challenges. Children facing criminal prosecution and competency issues should always have the assistance of a qualified attorney. The Kronzek Firm PLC offers free consultations to parents trying to help their child […]

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