Tag Archives: Michigan State Law

According to the Second Amendment, Americans have the right to hold and bear arms for self-defense. In a recent decision from the U.S Supreme Court, this right was closely guarded, after it was ruled that the Second Amendment protections extend to the states and local law in addition to federal law.

This November, Michigan voters will be able to decide whether individuals convicted of certain felonies should be banned serving in public office for an extended period of time. While supporters of the measure believe that the proposal will set standards for officeholders, it also could potentially prevent reformed individuals from using their past experience to make positive future changes.

In 2002, a black man was convicted of sexual assault and sentenced to serve between 12 and 35 years behind bars as a result. However, the Michigan Court of Appeals have since awarded him a new trial because not one person in the 42-member jury is African American–ultimately protecting his constitutional right to a trial by jury of peers.

In a new ruling handed down by the Michigan Court of Appeals, it is possible for a defendants under the jurisdiction of the Court be placed on the Sex Offender Registry retroactively. As long as the convict is on probation, the prosecution can request to have he or she placed on the registry at anytime. However, the law also allows defendants to be placed on the registry for crimes against minors, which are not generally considered sexual offenses by nature.

In an effort to curb drug distribution and illegal gun use in Detroit, law enforcement officials have stepped-up enforcement, looking for suspicious persons breaking minor laws so they can legally question and search them. Despite the good intentions, some Civil Rights organizations claim that the task unit is just designed to racially profile innocent people.

Last week, a Macomb County Circuit judge tossed out a bioterrorism charge held against an HIV-positive man accused of biting someone in an attempt to spread the deadly virus. Although the state passed a bioterrorism charge in the wake of the 1998 Oklahoma City bombing and an anthrax scare, Daniel Allen’s Michigan criminal defense attorney successfully argued in court that the legislation was misapplied in this case.

In a precedent setting decision, the Supreme Court has redefined how a criminal suspect is to invoke their Miranda rights. Previously, a suspect could assert their Fifth Amendment right to remain silent simply by remaining silent. Now, following a 5-4 ruling, those under interrogation must explicitly tell police that they wish to remain silent.

Mohammad Abdollahi, 24, has lived in the United States for most of his life. However, due to a technical error made by a former attorney, his family was denied citizenship and lost their status. Despite this, Abdollahi continued to live in the United States, actively working to create legislation that provides an opportunity for citizenship to undocumented residents who lived in America for most of their lives. After leading a sit-in protesting anti-immigration legislation, Abdollahi was taken into custody and now faces deportation and execution, should he return to Iran.

Web-surfers and online product reviewers: be warned, posting your opinions online can be dangerous and costly. Such is the example of Western Michigan University student Justin Kurtz who was recently sued for slander and libel after expressing an unfavorable review of a local towing company in an online social forum.

Even when a person is is a card-holding medical marijuana user, it is still possible for them to be arrested and charged with drug violations, almost certainly resulting in jail time. However, in a possibly precedent-setting decision, the County Circuit Court judge sentenced a card-holding offender to probation instead of time behind bars, citing his lack of criminal history and debilitating medical conditions.