SCOTUS to Hear Michigan Case on Plea Bargain Process

This week I had a 3-day jury trial. When it was completed, I walked out of the courthouse but my client did not.In such criminal cases, at the brink of trial, it is common that the plea discussions give an accused serious pause. Rejection of a reasonable plea offer can result in significantly more time in prison thus, the stakes are high.The counsel-driven plea process is at the heart of a Michigan case up for oral argument this week at SCOTUS: Lafler v Cooper. The case comes from the Wayne County Circuit Court; straight out of the Frank Murphy Hall of Justice.The female victim in the case was shot 4-times by Anthony Cooper: twice in the buttocks, once in the abdomen, and once in the hip.  She survived these gunshot wounds.Cooper's...

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Posted in: criminal defense lawyer,effective assistance,Frank Murphy Hall of Justice,habeas corpus,SCOTUS,Wayne County Circuit Court

Panel Appointed to Examine Indigent Criminal Defense

This past week, Governor Rick Snyder issued an executive order appointing 10 people to serve on an "advisory commission".  Their mission: to quickly assess and make recommendations to the executive and legislature about the delivery of effective legal representation to the indigent accused.Along with the 10 gubernatorial appointees, the commission also includes state legislative leaders from each political party; two from the state house and two from the state senate.In reviewing the Governor's appointments, it was good to see Oakland County well represented.  Oakland County Circuit Judge Colleen O'Brien is on the commission along with former Oakland County Bar Association President Judith Gracey.The problem presented to the Commission...

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Posted in: criminal defense lawyer,Governor Rick Snyder,lawyer,MAACS,Michigan Appellate Assigned Counsel System,Michigan Supreme Court,Oakland Circuit Judge Colleen O'Brien,Oakland County

Underfunded Courts Will Erode Justice

This granite courthouse in the Bronx took a decade tobuild (1905-1915) and has been abandoned since 1978.Achieving justice in the United States is never a given.  There are many factors that affect an outcome in the courthouse: the relative skills of the attorneys; the time a matter takes to get to trial; the personality of the judge; the backlog of the judge's docket.One factor becoming increasingly important in the determination of justice is the funding [or lack thereof] for the judiciary. Here in Michigan, there are budget-conscious proposals to eliminate trial judges, court of appeals judges, and to shrink the Michigan Supreme Court from 7 to 5 justices.Referred to as the weakest branch of government in the Federalist Papers due to...

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Posted in: American Bar Association,Federalist Papers,Macomb County Circuit Court,Michigan Court of Appeals,Michigan Supreme Court,Oakland County Circuit Court,Oakland County Probate Court,uncontested divorce

Boozy Bears & MIPs

As Halloween approaches, here's an adult trick that's been going around; add a pint of vodka to some gummy bears and, viola; you have a batch of Boozy Bears. The problem arises, however, when teens get their hands on the alcohol soaked candy.  Now, any gummy-munching teen will come under suspicion for being a minor in possession [of alcohol]. There are legitimate web sites for adults, that instruct party-goers how to make a batch of the Boozy Bears.  Effortlessly; just add Stoli.These sites have had millions of hits on the Internet.  Things that are harmful to teenagers are all over the web.  Fortunately, several news stations recently splashed Boozy Bear warning segments across their evening newscasts.So, be on...

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Posted in: alcohol,Boozy Bear,criminal defense lawyer,minor in possession,MIP,Stoli,vodka

SCOTUS Opens Term with First Amendment Case from Michigan

The church can fire its priest, but can it fire the altar boy?The case of Hosanna-Tabor Evangelical Lutheran Church and School v EEOC is one of the first cases to be argued in the 2011-2012 SCOTUS term that opens today in Washington D.C. This First Amendment freedom of religion case arises from an employment dispute at a now-defunct church in Redford, MI.The issue in the case is the scope of the long-recognized exception to the federal employment discrimination laws when it comes to hiring or firing the clergy for a church, synagogue, or mosque.  This so-called "ministerial exception" has been recognized by all 12 federal appellate courts with the authority to hear such cases, as well as the supreme courts of 10 states.The rationale behind...

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Posted in: ADA,Americans with Disabilities Act,church,EEOC,Equal Employment Opportunity Commission,federal court,First Amendment,lawyer,mosque,priest,SCOTUS,synagogue