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One Court of Justice Blog

Apr 2017
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.

Mar 2017
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.”

Dec 2016
December 12, 2016

COA holds identities of anonymous bloggers protected by First Amendment

In Fazlul Sarkar v John Doe, Nos. 326667 and 326691, the Court of Appeals held that the identities of anonymous bloggers who comment on other's research online are protected by the First Amendment.  

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