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One Court of Justice Blog

Apr 2017
April 24, 2017

COA upholds immunity for licensed medical marijuana provider, examining weight and location of drying plants

The Michigan Court of Appeals recently sided with the defendant regarding two ambiguities in the Michigan Medical Marihuana Act’s (the “MMMA”) immunity provision. In People v. Manuel, No. 331408, the court found that even though the defendant’s wet marijuana leaves exceeded the permissible weight and his growing room doors were not always kept locked, that he nevertheless complied with the MMMA’s immunity requirements.

Apr 2017
April 24, 2017

COA: Defendant can withdraw plea if judge deviates from deal, but restitution is constitutional and need not be proportional

The Michigan Court of Appeals recently examined a wide range of arguments, ultimately finding that the trial court erred by imposing a fine, but upholding its orders for restitution. In People v. Foster, No. 329992, the defendant “pleaded guilty to two counts of breaking and entering with intent to commit a felony, MCL 750.110, and one count of possession with intent to deliver a controlled substance, MCL 333.7401(2)(b)(i).” The prosecution agreed to drop the charges in exchange for the defendant’s agreement to pay restitution. But, on appeal, the defendant argued that he could not be ordered to pay restitution where he was not convicted of the underlying crimes.

Apr 2017
April 21, 2017

COA held vested retirement rights may not be altered without the retiree’s consent

In Kendzierski v County of Macomb, No. 329576, the COA held vested retirement rights may not be altered without the retiree’s consent. The COA held the trial court properly determined retirement rights had vested, however had erred by determining that defendant may reasonably modify the scope and level of the healthcare benefits without plaintiffs’ consent.

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