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A Better Partnership

January 2013

Jan 2013
January 30, 2013

COA Opinion: Second Amendment precludes prosecution for constructive, in-home possession of firearm by a person under the influence of alcohol

In People v. Deroche, the Michigan Court of Appeals held that a prosecution for constructive possession of a firearm in the defendant's home while under the influence of alcohol violated the defendant's Second Amendment rights. Novi officers went to the defendant's home based on two separate disturbances on the same evening. The officers learned th

Jan 2013
January 30, 2013

COA Opinion: Consumer Protection Act does not apply to claim that doctor intentionally misdiagnosed patients to increase billing

In the three cases consolidated under Lucas v. Awaad, the plaintiffs alleged that their doctor intentionally made false diagnoses in order to increase billing. The Michigan Court of Appeals determined that the plaintiffs' claim under the Michigan Consumer Protection Act ('MCPA'), MCL 445.901 et seq. was barred by the MCPA's exemption for transaction

Jan 2013
January 25, 2013

COA Opinion: Sentencing judge may add multiple-offender points where no other offender is convicted

In People v Jones, Defendant Byron Deandre Jones and his friend 'Taiwan' were involved in an altercation with a group of men at the mall. Jones and Taiwan brandished guns. Jones fired his gun. A jury convicted Jones of three counts of assault with intent to do great bodily harm less than murder, carrying a concealed weapon, and possession of a firea

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