U.S. Supreme Court to Decide Juvenile Lifer Cases from Florida

On Monday, the U.S. Supreme Court heard oral arguments in two consolidated cases from Florida involving life sentences for juvenile offenders: Graham v Florida and Sullivan v Florida. What makes these cases interesting, and thus important, is that the victims in the cases were not killed, yet the offenders received life sentences without parole. A published decision will follow soon.Here in Michigan, pursuant to a network of statutes, a juvenile may be tried as an adult. Michigan also has a variety of offenses which call for life sentences. There are no juvenile offenders, however, serving life sentences for non-leathal offenses in Michigan.The question before the Supreme Court this week was whether a life sentence should be flat-out...

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Posted in: Chief Justice Roberts,Florida,juvenile law,sentencing,U.S. Supreme Court

Two Day Jury Trial in Oakland Circuit Results in Not Guilty Verdict

Just before the holiday, I heard the words that a defense attorney craves; "not guilty". I was in a two-day jury trial before Oakland County Circuit Judge John McDonald. I think he's a great judge, mostly because I've never lost a trial in his courtroom. This one made four straight.The odds seemed stacked against acquittal, as usual. The principal charge was assault with intent to do great bodily harm (less than murder). The second count, commission of a felony with a firearm, carried a mandatory two-year minimum prison sentence upon conviction.My client was a middle-aged woman with no criminal record. The alleged victim, however, had done 15-years in prison for armed robbery. After an evening of drinking and socializing, the two (in...

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Posted in: assault with intent to do great bodily harm,felony firearm,Judge John McDonald,Oakland Circuit Court,Oakland County Prosecutor

Child Support Reduction & Collection Requests Flood Friend of Court

The pain is inflicted on both sides of the fence in family court cases across the state.  For those paying child support, and for its recipients, the depressed economy in Southeast Michigan is taking a toll.    As a recent article in the Detroit News makes clear, the Friend of the Court in counties accross Michigan are scrambling to field the flood of requests filed to reduce child support, or to enforce an existing support order.  Most of the parents seeking a support reduction are doing so because they've either lost their job or have been handed a pay-cut.Child support in Michigan is calculated using an algorithmic equation known as the Michigan Child Support Formula.  This formula is...

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Posted in: child support enforcement,Detroit News,Michigan Child Support Formula,unemployment