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One Court of Justice Blog

Apr 2017
09
April 09, 2017

COA: Although it imposes a tax, statute allowing trial courts to order criminal defendants to pay court costs is constitutional

The imposition of court costs on criminal defendants under MCL 769.1k(1)(b)(iii) is constitutional, said the Court of Appeals in People v Cameron, No. 330876. Addressing an issue the Court acknowledged had been challenged before but never settled by a published opinion, the Court held that although the statute imposes a tax on defendants, it is constitutional.

Apr 2017
09
April 09, 2017

MSC grants MOAA to determine whether common practice of reaching into a press constitutes a reasonably foreseeable misuse

The MSC granted mini-oral argument in Iliadis v. Dieffenbacher North America, No. 154358 to consider whether failing to follow employer instructions for the use of a press machine in favor of a “common practice” is a misuse of the press machine that is a reasonably foreseeable risk for the manufacturer.
 

Apr 2017
04
April 04, 2017

MSC grants MOAA to consider scope of defendant’s right to withdraw plea where court imposes sentence arguably inconsistent with Cobbs evaluation

In People v Velez, No. 152778, the Michigan Supreme Court granted mini-oral argument on whether the trial court imposed a sentence within the bounds of a preliminary sentence evaluation given under People v Cobbs, 443 Mich 276 (1993).

Apr 2017
03
April 03, 2017

COA: Restitution can be based on course of conduct, not just charges of conviction.

According to the Michigan Court of Appeals, a defendant may be ordered to pay full restitution, even when the prosecution drops some charges contributing to the amount owed. In People v. Bryant, No. 328512, on order of the Michigan Supreme Court, the Court of Appeals examined “the propriety of the Wayne Circuit Court’s restitution award in light of People v. McKinley, 496 Mich 410.” The court in McKinley held that a restitution award “ties ‘the defendant’s course of conduct’ to the convicted offenses and requires a causal link between them.”
 
 

Mar 2017
31
March 31, 2017

MSC denies leave after MOAA on whether Court of Claims has jurisdiction to hear appeal of Michigan Film Office decision

The Michigan Supreme Court has denied leave to appeal in Teddy 23 LLC v Michigan Film Office, No. 153420-1, following mini-oral argument on the question of whether the Court of Claims has subject-matter jurisdiction over an appeal from a decision made by the Michigan Film Office.

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