Under our justice system whenever a matter proceeds to trial, the party filing the case is always required to present evidence to prove their claims.
One of the goals of society has always been to keep children out of harm’s way.
One of the greatest singers of all time left this good earth on Aug. 16, 2018 when Aretha Franklin passed away in Detroit.
The Michigan Court of Appeals recently released its opinion in People v Bensch, upholding the longstanding rule in Michigan that a criminal defendant may refuse to be put on probation and instead decide to go to jail or even prison.
After there’s a conviction in a criminal case, a defendant may be given a sentence which includes paying fines and costs or serving a period of incarceration if payment is not made.
An interesting story is developing in Washington, D.C. with the constitutional showdown between Democrats in Congress and United States Attorney General William Barr over his alleged refusal to honor a congressional subpoena and turn over an unredacted copy of Special Counsel Robert Mueller…
On April 25, 2019, a three-judge panel of the United States District Court for the Eastern District of Michigan issued its opinion in League of Women Voters of Michigan v Jocelyn Benson, Michigan Secretary of State.
Whenever a defendant in a criminal case is charged and arrested there are a number of constitutional and statutory rights which automatically apply.
Under the Enumeration Clause of the United States Constitution, there is to be a census every 10 years to determine the population of each state and the number of representatives that each will have in the House of Representatives.
Before vaccinations were started nationally in 1963, three to four million people per year contracted the measles.
Michigan Courts have jurisdiction over many types of criminal and civil matters.
On Dec. 30, 2018, Utah became the first state in the nation to lower the threshold for its Operating While Intoxicated law to .05 percent blood alcohol concentration (BAC). All other states still have .08 percent thresholds or limits.
Almost three years ago, I wrote about a 2016 Michigan law, which was intended to give police departments an additional tool to investigate cases involving drivers suspected of operating their motor vehicles after using drugs.
It is an unfortunate fact of life that some people consume alcohol and then drive their motor vehicles when intoxicated.
The Timbs opinion was written by Justice Ruth Bader Ginsburg.
On Feb. 20, 2019, the United States Supreme Court issued its decision in Timbs v Indiana.
DNA testing is used for various purposes including examining crime scenes where investigators take samples from objects or people present at the time of the offense to determine if potential suspects touched anything or anyone.
In all federal and state courts, there are rules of evidence, which apply to most legal actions and proceedings.
Abraham Lincoln was the 16th President of the United States.
Today I will talk about the Marbury v. Madison case, which is well known to lawyers but to few others, and which has been described as one of the most important decisions in United States Supreme Court history. It was authored by Chief Justice John Marshall who is considered by many legal s…
Last Sunday’s Tri-County Times article about our area’s expected commercial and residential growth in the coming year was a wonderful reminder of how important it is to have planning and zoning laws.
Unfortunately, in recent times we are hearing more and more about “bullying” in schools and other places.
I am very proud to be a member of the Genesee County Bar Association (GCBA).
For those who are following the criminal investigations in Washington, D.C. and New York as to possible Russian government interference in the 2016 Presidential election and hush money payments to two women by President Donald Trump’s former attorney, the news is seemingly unending.
As a District Court Judge, I have domestic violence cases in my court on a regular basis.
As we all know, the holiday season is now upon us.
“I am a six-year member of a maintenance crew in a rental home community. Because I am extremely allergic to marijuana smoke, management doesn’t force me to work in a house where the residents with medical marijuana cards are smoking. Now that recreational marijuana is legal, I fear this is…
With the recent approval of Proposal 1, Michigan joins nine other states and the District of Columbia in allowing the recreational use of marijuana.
Consider the following hypothetical.
The statute was enacted as a result of the June 18, 2014 Michigan Supreme Court opinion in People v Cunningham, which held that under the then existing statute, trial court judges did not have the authority to impose court costs.
Under our system of government, we have “Separation of Powers,” which are divided between three co-equal branches of government — legislative, executive and the judiciary.
The calls for change have been heard in a number of locations with the first significant change coming in 1991 when Washington, D.C. enacted a law, which had the effect of virtually eliminating cash bail.
As a district court judge, one of my duties in criminal cases is to set bonds for defendants.
Last Thursday the nation watched as the Senate Judiciary Committee continued with the hearing on Judge Brett Kavanaugh’s nomination to the United States Supreme Court as to an allegation that Judge Kavanaugh committed a sexual assault against Dr. Christine Blasey Ford some 36 years ago.
Last week’s jury trial convictions of Paul Manafort, the former campaign chairman for President Trump, and the guilty pleas of Michael Cohen, his former attorney, were interesting from a number of legal perspectives.
A plat is a map showing how an area of land (tract) is divided into lots to create a subdivision. It shows the land’s size, boundary locations, nearby streets, and other details including rights of way and easements.
I own two vacant parcels with access to a private lake. When I purchased the property, I was told there were three lake access easements. I verified this with the proper officials and have a plat map showing the locations as well. I pay a special assessment on my taxes for the lake and I can…
Criminal conspiracy has been in the news lately as Justice Department Special Counsel Robert Mueller investigates allegations that the Russians interfered with the 2016 presidential election.
In 1964, singer and songwriter Bob Dylan released his third album, “The Times They Are A-Changin.’” Included on the album was a song with the same title. The song told us how change is a necessary part of life and that people need to change their way of doing things when the old way just d…
These improvements included making Michigan’s county-based public defender system more accessible to indigent defendants. Unfortunately, funding for appointed attorneys was left to the counties with no state assistance, which created its own set of problems statewide.
The Sixth Amendment to the United States Constitution contains a number of procedural and substantive rights that defendants in criminal prosecutions are to be given.
On June 26, in Trump v Hawaii, the United States Supreme Court upheld the authority and constitutionality of President Donald Trump’s Sept. 24, 2017 Proclamation imposing travel bans and restrictions on citizens of seven countries including several which are predominately Muslim.
In May of 2017 I wrote a two-part column about “political party partisan gerrymandering.”
An interesting story is developing out West with the June 12 announcement by California Secretary of State Alex Padilla that he will certify a voter initiative on June 28, which will appear on the November general election ballot, and ask California voters if they wish to divide California i…
When President Trump was elected, the fact that he had a number of business interests, both foreign and domestic, was already being widely discussed and publicized as possibly creating conflicts of interest.
The wedding cake case — Part II