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One Court of Justice Blog

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.  
 

Jun 2017
21
June 21, 2017

COA: Fit parents have the right to adjust grandparenting time

“MCL 722.27b provides grandparents in certain situations the means to seek an order for grandparenting time.” However, in Geering v. King, No. 335794, the Court of Appeals found that this cannot come at the expense of limiting the right of fit parents, who may, for reasons the courts may disagree with, choose to limit the amount of time that their children spend with their grandparents.

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