The Michigan Supreme Court will hear argument on October 9 to revisit whether the 2001 Carpenter court correctly determined that the Michigan Legislature abolished the diminished capacity (failure of proof) defense for specific-intent crimes when MCL 768.21a was adopted in 1975. People v Carpenter, 464 Mich 223, 241 (2001). Two defense options before Carpenter For…
Tag: Michigan Supreme Court
No kitchen-sink writing. Mobile device search warrants must be “particular” to survive Fourth Amendment review.
How specific must law enforcement be when seeking a cell phone search warrant? And what must reviewing magistrates and judges consider before authorizing one? A mobile device, like a cell phone, is a data-rich honeypot of electronically stored information. Unrestricted, an investigative treasure trove can be learned from a device’s: For perspective, the ACLU of…
Want emailed case-specific notifications about future orders/opinions entered in a pending Michigan Court of Appeals or Michigan Supreme Court case? Create a Google Scholar alert.
The “create alert” feature within Google Scholar’s Case law search tool is an easy way for the public to receive emailed notifications for when the Michigan Court of Appeals or Michigan Supreme Court issues new orders or opinions on specific cases. To use it, you need to have a free Google account (a gmail address)…
What’s next in Michigan’s criminal court costs journey when the Michigan Supreme Court asks that a specific question be briefed and practically no one does? ¯\_(ツ)_/¯
Immediate background The controversial MCL 769.1k that permits a sentencing judge to assess “court costs” has been one of the sticky wickets in Michigan’s ongoing conversation about how Michigan trial courts should be funded. (See for example People v Cunningham, 496 Mich 145 (2014) and the 2019 Trial Court Funding Commission Final Report.) 🚨Whether MCL…
Understanding and using Word’s Styles and templates to format legal briefs (a guide)
If I had a dollar for each time I’ve read or heard a well-intentioned person say, “Lawyers (or law students) need to learn how to use Styles and templates when writing their legal briefs . . .” And, yet, for all of those who encourage, “You should,” I’ve never seen someone also point to a…