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November 2013

Nov 2013
22
November 22, 2013

Documents related to 37-year-old murder still part of ongoing investigation, and not subject to FOIA requests

In King v. Oakland County Prosecutor, the Michigan Court of Appeals held that the trial court followed proper procedures and ruled with sufficient specificity when it denied a Freedom of Information Act (“FOIA”) request seeking information about a 36-year-old murder.

Nov 2013
21
November 21, 2013

Hearsay evidence permissible to establish restitution award

In People v. Matzke, the Court of Appeals affirmed that a trial court may rely on hearsay evidence to establish a restitution award, during the sentencing phase of a criminal matter. Defendant was convicted of larceny after taking a gas-oil separator from the victim’s property and subsequently damaged the equipment when returning it to the victim.

Nov 2013
21
November 21, 2013

Valid patient and/or caregiver card is insufficient, by itself, to seek protection from prosecution under MMMA

In People v. Hartwick, the Court of Appeals continued to chip away at the protections available to qualified patients and caregivers under § 4 and § 8 of the Michigan Medical Marihuana Act (MMMA). Although defendant was a registered medical marijuana patient and caregiver, he was not entitled to the presumption of immunity under § 4 because he could not identify his patients’ medical conditions or physicians, and he did not know the amount of marijuana reasonably required for each patient’s treatment. For the same reasons, defendant was also not entitled to raise the affirmative defense in § 8. Hartwick continues the trend of Michigan courts reading the defenses and immunities of the MMMA narrowly.

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