Probation — Part I

The Fourth of July — Independence Day

Witness oaths

Admission of former testimony

The Brady Rule

Absentee ballots and voting

Cameras in the courtroom — Part II

Cameras in the courtroom — Part I

Unanimous jury verdicts in criminal cases

 On March 10, by Executive Order 2020-04, Governor Gretchen Whitmer declared that Michigan was in a state of emergency.

 Typically, when a traffic stop is made of a suspected intoxicated driver, the police officer will request that they comply with a number of requests not the least of which is to take three tests, which are collectively referred to as the Standardized Field Sobriety Test (SFST).

The news on the spread of the coronavirus is being reported on a daily basis with most of it being bad although some of it could be good.

 The prison movie “The Shawshank Redemption” tells the story of a wrongfully convicted man named Andy Dufresne (Timothy Robbins) and his friendship with Red (Morgan Freeman) and what happens to both of them during and after their stays in prison.

 Consider the following hypothetical case.

 First, as a lawyer and now as a judge, it has been my privilege to be a part of our legal system and everything that it stands for.

 Whenever a case is filed in a Michigan court, the entity or person initiating it has certain duties and responsibilities.

 What if there were laws, which allowed criminal defendants to “learn from their mistakes” and if specific conditions were met, have their cases dismissed?

 Among the types of criminal cases that come before a court are those involving children as victims of sex or abuse offenses and vulnerable adult victims.

 Under the Fourth Amendment to the United States Constitution, we are all to be secure against unreasonable searches and seizures.

 One of the proudest days of my life was Nov. 9, 1976, when I was sworn in as a new lawyer and officially became a member of the State Bar of Michigan.

 Let’s start the new year with some good news.

 The pilot program is intended to help with bond decisions by supplying certain information to the judge so that the risks involved in allowing a defendant’s release can be assessed using evidence based practices.

 Whenever a person is arrested on a criminal charge, they have the right to have a judge or magistrate make a determination as to whether they can be released from jail pending trial. Typically, the answer is yes and the court will set what is known as a bond (or bail) depending on the indiv…

 In 1968, the United States Supreme Court rendered its landmark decision in Terry v Ohio.

 When a crime is committed and the police conduct an investigation, there is typically an interview of the suspect.

 The impeachment inquiry against President Trump by the United States House of Representatives is continuing with public hearings scheduled to start today.

 The Edmund Fitzgerald was a Great Lakes freighter, which was launched on June 7, 1958 in River Rouge, Michigan.

 Before I continue with Part II here are two corrections of last week’s Part I column.

 In 1972, Michigan’s Age of Majority Act changed existing law to provide that a person who was 18 years of age (instead of 21) was considered to be an adult for all purposes.

 On Nov. 6, 2018, Michigan became the 10th state in the nation to legalize the recreational use of marijuana by adults (21 and older) with the passage of Proposal 1 — The Michigan Regulation and Taxation of Marihuana Act (MRTMA).

 It is a well-known fact that when a judge enters a courtroom everyone is told to rise.

 The possibility of President Donald Trump being impeached is now a reality with the Sept. 24 announcement by House of Representatives majority leader Nancy Pelosi giving her approval for an impeachment inquiry.

 In July 2018, I wrote a two-part column about a statute called the Michigan Indigent Defense Commission Act.

 John Doe is driving his car after having consumed a few drinks. Suddenly there is a police car behind him and he’s eventually stopped.

 Consider the following hypothetical.

 Our nation has seen yet another round of mass shootings with the recent events in El Paso, Texas, and Dayton, Ohio.

 It should come as no surprise that when a defendant is convicted of a criminal offense there are consequences.

 This week we have a question from John who was convicted in Genesee County in 2002 of possession of marijuana (a misdemeanor) and manufacturing marijuana (a felony).

 In Michigan, it is a well-known fact that Mackinac Island is a wonderful place to visit, but cars are not allowed.

 On Nov. 6, 2018, Michigan voters approved three ballot proposals: 1) the Marijuana Legalization Initiative; 2) the Independent Redistricting Initiative and; 3) the Voting Policies in State Constitution Initiative.

 Tomorrow is Independence Day and the celebration of the birthday of our great country when our forefathers officially adopted the Declaration of Independence from Great Britain in 1776.

 Consider the following. One day out of the blue, you receive a letter from the State of Michigan, which says that your house is directly in the path of a new expressway, the state will be buying your home, and you’ll have to move.

 In the 1967 prison movie “Cool Hand Luke,” there is a famous line by the prison captain played by Strother Martin directed to a prisoner played by Paul Newman, which goes, “What we got here is a failure to communicate.” This same line is repeated at the end by Mr. Newman to Mr. Martin.

 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.