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One Court of Justice Blog

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.

Mar 2017
30
March 30, 2017

MSC orders MOAA on whether exigent circumstances permitted a warrantless entry and whether defendant may withdraw plea after unconstitutional warrantless entry

In a case that has volleyed between the Michigan Supreme Court (“MSC”) and Court of Appeals, the MSC ordered mini oral arguments on two more issues. In People v. Horacek, No. 152567, the court wants to hear from the parties regarding “(1) whether exigent circumstances authorized the officers’ warrantless entry into the defendant’s motel room . . . and (2) if a constitutional violation did occur, whether the defendant is entitled to withdraw his plea.”

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