COA holds that the time of day is relevant when considering whether a building is open to the public for purposes of Michigan’s governmental tort immunity exception

In Pew v. Michigan State University, No. 317727, the Court of Appeals held that a government building is not subject to the governmental immunity exception if public access is restricted at the time of the alleged tort.   Read More

COA: The Governor did not violate the Michigan Constitution in terminating department positions

In Robert Aguirre v. Department of Corrections, No. 316918, the Michigan Court of Appeals held that Governor Snyder had express authority under the Michigan Constitution to reorganize the executive branch and the elimination of members’ positions under his restructuring Executive Order 2011-3 did not breach their contracts. The court also interpreted Order 2011-3 and found that the eliminated board members’ contracts were not transferred to the newly formed board. Read More

MCS to consider whether punishment for both OWI and OWI causing serious injury violates Double Jeopardy

In People v. Miller, Case No. 149502, the Michigan Supreme Court granted the defendant leave to appeal so the court could consider whether the Double Jeopardy Clauses of the Michigan and United States Constitutions prohibit punishment for both Operating While Intoxicated causing serious injury, MCL 257.625(5), and Operating While Intoxicated, MCL 257.625(1) and (9)(a). The compound offense of OWI causing serious injury and the predicate offense of OWI have alternative elements. The Court also ordered the parties to brief: 1) whether the existence of prior convictions under third-offense OWI, MCL 257.625(9)(c), amounts to an element for the purposes of Double Jeopardy analysis the provision punishing OWI after two prior OWI convictions, MCL 257.625(9)(c); and, 2) whether punishment for both third-offense OWI and OWI causing serious bodily injury violates the Double Jeopardy Clause.
 
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SORA survives another attack as COA holds that sex offender registration not “punishment” for purposes of the U.S. or Michigan Constitutions

In People v. Temelkoski, No. 313670, the Court of Appeals reaffirmed that mandatory registration under the Sex Offender Registration Act (SORA), MCL 28.721 et seq., does not constitute “punishment” for purposes of the United States or Michigan Constitutions.  Because SORA registration is not punitive, this defendant’s required registration does not violate either the Ex Post Facto Clause, or United States and Michigan constitutional prohibitions against cruel and unusual punishment.  Finally, the court concluded that in light of the specific facts and circumstances of this case, the adverse effects of SORA registration are not “overly excessive” compared to the regulatory purpose of registration.
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Business Journal highlights Supreme Court practice group at Warner Norcross & Judd

The Grand Rapids Business Journal writes in its most recent issue about the burgeoning U.S. and Michigan Supreme Court practices at Warner Norcross & Judd LLP, publisher of the One Court of Justice Blog. The article is available here. Read More
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