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July 2011

Jul 2011
29
July 29, 2011

COA Opinion: Struggle for a firearm may support a conviction for possession of that firearm

In People v. Strickland, No. 298707 (July 28, 2011), the Michigan Court of Appeals affirmed the defendant's convictions of first-degree home invasion, assault with intent to do great bodily harm less than murder, felon in possession of a firearm, felonious assault, and possession of a firearm during the commission of a felony. The defendant had sought rever

Jul 2011
29
July 29, 2011

MSC Opinion: A defendant's conduct alone can create or enhance a victim's vulnerability for the purpose of scoring Offense Variable 10 under the sentencing guidelines.

In an opinion authored by Justice Markman, the Supreme Court held, in People v Huston, No. 141312 (July 26, 2011), that the trial court properly assessed 15 points under OV 10, which is appropriate when a defendant has 'engaged in predatory conduct to exploit a vulnerable victim.' Predatory conduct is defined by statute to mean 'preoffense conduct directed at a v

Jul 2011
28
July 28, 2011

MSC Opinion: Failure to properly instruct jury regarding actus reus of alleged crime did not result in outcome-determinative error

In People v. Kowalski, No. 141695 (July 26, 2011), the Michigan Supreme Court reviewed Edward Kowalski's convictions for accosting a minor for immoral purposes or encouraging a minor to commit an immoral act, under MCL 750.1451, and using a computer and internet to accomplish the same, under MCL 750.145d. The Court held that although the trial court failed to p

Jul 2011
27
July 27, 2011

MSC Opinion: When calculating sentencing variable OV 13, a felony statutorily designated as 'a crime against public safety' cannot also be considered a 'crime against a person.'

In People v Bonilla-Machado, No. 140510, the Michigan Supreme Court addressed three issues on appeal, reversed the judgment of the Court of Appeals in part, and remanded for resentencing. First, the Court held that the defendant was not coerced into foregoing his right to testify. Second the Court held that for the purpose of calculating sentencing variable OV

Jul 2011
27
July 27, 2011

COA Opinion: Defendant lacked standing to challenge the legal presumption that he was the legitimate son of his mother's ex-husband.

On July 26, 2011, the Court of Appeals released its opinion in People v Zajaczkowski, No. 295240. The Court affirmed defendant's conviction for first-degree criminal sexual conduct under MCL 750.520b(1)(b)(ii), finding that the defendant was related by blood to the victim as a matter of law. The victim was the daughter of defendant's mother's ex-husband, a man lon

Jul 2011
27
July 27, 2011

COA Opinion: In order to bring a claim against a no-fault insurer for statutory attorney's fees, that claimant must have incurred covered expenses

Through Judge Gleicher's published opinion in Karmol v Encompass Property and Casualty Co, No. 298366, the Court of Appeals unanimously concluded that a plaintiff was not entitled recover statutory attorney fees and interest in a claim against a no-fault insurer where that plaintiff had not incurred any covered expense. In this case, plaintiff's so

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