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January 2011

Jan 2011
29
January 29, 2011

COA Opinion: Under the possession of burglar's tools statute the term depository includes motor vehicles

In People v. Osby the Court of Appeals held that under MCL 750.116 the term depository includes motor vehicles. MCL 750.116 prohibits the possession of burglar's tools, which it defines as tools used to force or break open 'any building, room, vault, safe or other depository.' Defendant was convicted under the statute for carrying

Jan 2011
28
January 28, 2011

COA Opinion: New trial judge abused discretion in reconsidering first judge's denial of motion to modify spousal support

In Estate of Stanley Luckow v Luckow, the Court of Appeals reversed the trial court's grant of a motion for reconsideration seeking to modify a spousal support order recommended before the supporting spouse died, but not adopted until afterward. The Court of Appeals found that the original judge's denial of the wife's motion to

Jan 2011
26
January 26, 2011

COA Opinion: Failure to advise of sex-offender registration is ineffective assistance of counsel

On January 25, 2011, the Michigan Court of Appeals published its opinion in People v. Fonville, No. 294554. The court held that the defendant had received ineffective assistance of counsel where the defendant's attorney failed to advise him that his guilty plea would require him to register as a sex offender.

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