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One Court of Justice Blog

Jun 2017
30
June 30, 2017

MSC: Supreme Court “adds” extra day to statute of limitations period for medical malpractice actions

The Michigan Supreme Court, in Haksluoto v. Mt. Clemens Regional Medical Center, No. 153723, reversed the decision of the Court of Appeals and held that when a timely notice of intent (NOI) is filed, it preserves the day it was filed as one to be used after the required notice period of 182 days ends and the statute of limitations for medical malpractice actions resumes.

Jun 2017
28
June 28, 2017

MSC grants MOAA to consider whether trial judge’s questions inappropriately influenced jury’s verdict

The Michigan Supreme Court granted mini-oral argument in People v. Chatman, No. 155184to address whether the questioning of witnesses by the trial judge “improperly influenced the jury by creating the appearance of advocacy and partiality” against the defendant.
 

Jun 2017
28
June 28, 2017

COA: Savage and senseless nature of murder is not sufficient evidence of premeditation under first-degree murder statute

In People v Oros, No. 329046, the Court of Appeals held that the brutality of a murder is not sufficient evidence to prove premeditation in a first-degree premeditated murder charge. Furthermore, the court vacated a second count of first-degree murder on a felony-murder theory because the jury instructions erroneously allowed for a conviction based on the crime of using false pretenses to defraud. 
 

Jun 2017
28
June 28, 2017

Pay-up: Constitutional to require criminal defendants to pay costs

The Michigan Court of Appeals recently upheld the constitutionality of three Michigan laws that impose costs on criminal defendants. In the consolidated cases of People v. Shenoskey, No. 332735, and People v. Crawford, No. 333375, the court examined the constitutionality of three statutes imposing costs on criminal defendants. MCL 769.1j(1)(a) allows a sentencing court to order a criminal defendant to pay $68.00 if the defendant is convicted of a felony.  MCL 771.3c(1) requires that, for each order of probation for a defendant, the department of corrections shall collect a supervision fee of not more than $135,00 per month for each month of probation, not to exceed 60 months. MCL 600.4803(1) imposes a 20% penalty for failure of a defendant to pay a penalty, fee, or cost within 56 days of the due date.  The defendants did not properly preserve their issues for appeal, so the court reviewed for plain error.  The court held that all three stautes were constitutional.  
 

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