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A Better Partnership

October 2012

Oct 2012
25
October 25, 2012

COA Opinion: Kwame Kilpatrick challenges constitutionality of statute allowing court to order that proceeds from his book be paid toward restitution.

In People v Kilpatrick, defendant Kwame Kilpatrick challenged the constitutionality of the Michigan statute that allowed the trial court to enter an order requiring that all proceeds from the sale of his book be placed in escrow to pay restitution to the city of Detroit. Recognizing the general rule that questions of const

Oct 2012
25
October 25, 2012

COA Opinion: Court affirms upward departure on sentence for arson

In People v Anderson, the Michigan Court of Appeals upheld a ten- to twenty- year prison sentence imposed by the trial court for arson. The defendant appealed the sentence on the grounds that the trial court erred in scoring a sentencing variable and in departing from the sentencing guidelines. However, the Court of Appeal

Oct 2012
18
October 18, 2012

COA Opinion: Court affirms sentence for criminal sexual conduct

In People v Johnson, the Michigan Court of Appeals addressed sentencing guidelines for criminal sexual conduct. The Court of Appeals analyzed the trial court's scoring decisions under offense variables 10 and 11, noting that the trial court's decision must be upheld if the record contains any evidence supporting the decisi

Oct 2012
18
October 18, 2012

COA Opinion: Court enforces Quebec child support order under principle of comity

In Gaudreau v Kelly, the Michigan Court of Appeals upheld enforcement of a Quebec child support order. While the Oakland County Friend of the Court had denied enforcement of the order because the United States and Quebec had not entered into a reciprocity agreement, the Court of Appeals found that the trial court had juris

Oct 2012
18
October 18, 2012

COA Opinion: Court affirms sentence of 29 months of incarceration for home invasion

In People v. Williams, the Court of Appeals considered whether a sentencing court's scoring decisions were clearly erroneous. Under the sentencing guidelines, the court must 'score' certain variables of a crime, including the nature of the offense and the criminal history of the defendant, on a point scale dictated by the

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