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February 2013

Feb 2013
27
Feb 2013
27
February 27, 2013

Dating relationship does not confer the right to be present in partner's home

In People v. Dunigan, the Michigan Court of Appeals rejected the defendant's argument that he could not properly be convicted of home invasion because his status as the victim's boyfriend gave him the right to be present in her home. The Court found it immaterial that defendant spent some nights at the victim's home and that she considered him to be

Feb 2013
22
February 22, 2013

Drugs seized after police entered home through open door held admissible

In People v. Lemons, the Court of Appeals reversed the trial court and held drug evidence seized by officers admissable. The Court of Appeals held that the police officers' warrantless search of the defendant's condominium was justified under the emergency-aid exception to the warrant requirement. Under the emergency-aid exception to the warrant requ

Feb 2013
22
February 22, 2013

C Corporations must use the same taxable income for both state and federal returns

The C corporation plaintiff in Lear Corporation v. Department of Treasury sought to treat certain deductible expenses differently for the purposes of his federal and state tax returns. The Court of Appeals held that, under the plain terms of Michigan's Single Business Tax Act, a C corporation's tax base must be identical to its federal taxable income.

Feb 2013
22
February 22, 2013

COA Opinion: Sentence of 100 to 150 years for second-degree murder was not cruel or unusual punishment

The defendant in People v. Bowling pleaded nolo contendere to first-degree home invasion, second-degree murder and resisting and obstructing. Police officers attempted to arrest the defendant and his brother while they were committing a home invasion. The defendant attempted to flee, but he was eventually apprehended. His brother used a gun that he had stole

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