Skip to main content

One Court of Justice Blog

Nov 2017
15
November 15, 2017

MSC to consider scope of rape-shield statute

The Michigan Supreme Court will consider whether, in a criminal sexual conduct case, evidence of a victim’s pregnancy, lack of prior sexual activity, and abortion is barred by the rape-shield statute as “[e]vidence of specific instances of the victim’s sexual conduct, opinion evidence of the victim’s sexual conduct, [or] reputation evidence of the victim’s sexual conduct...” MCL 750.520j(1). The parties in People v. Sharpe, Case Nos. 155747-8, also have been asked to address whether, if the evidence is covered by the rape-shield statute, it is nonetheless admissible under one of the statute’s exceptions.  Further, if the evidence is not barred by the rape-shield statute, the parties have been asked to address whether the evidence is admissible under MRE 402 and MRE 403.  The Court of Appeals previously held that the evidence is not necessarily barred by MRE 404(a) or Michigan’s rape-shield statute.  Our blog post discussing the Court of Appeal’s opinion can be found here.
 

Aug 2017
11
August 11, 2017

COA: Attempted crimes may be felonies for sentencing purposes; co-defendant convictions are used to score offense variables

Michigan’s Sentencing Guidelines are clear, said the Court of Appeals: defendants may do more time, even when acquitted of the crime. In People v. Jackson, No. 332307, the Michigan Court of Appeals reviewed the trial court’s scoring of Offense Variables (OV) 1, 2, and 13. First, a trial court should look at whether the underlying offense for an “attempt” conviction, in this case resisting and obstructing a police officer, is a felony to determine if defendant’s past attempt convictions were “felonious criminal activity” under OV 13.  Second, OVs 1 and 2 are properly scored for use of a weapon, even though the jury acquitted defendant of felony-firearm, because the OVs require all co-defendants to be assessed the same number of points, and the co-defendants here pled guilty to armed robbery.

 

Displaying results 1-6 (of 485)
 |<  < 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - 10  >  >| 

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset