michigan supreme court

Politics
5:53 pm
Mon February 28, 2011

U.S. Supreme Court rules on Michigan case

U.S. Supreme Court

The U.S. Supreme Court has upheld a murder conviction in the case Michigan v. Bryant.

The case involved a Detroit man who identified his shooter as the victim lay dying, and whether or not that evidence could be considered in court.

A Wayne County jury convicted Richard Bryant of murder based on the victim's statement. But the Michigan Supreme Court overturned that conviction, saying Bryant was denied his constitutional right to confront his accuser.

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Law
3:57 pm
Thu February 3, 2011

Can children testify in court behind screens?

The Michigan Supreme Court
Michigan Supreme Court

The Michigan Supreme Court will decide whether it is appropriate to allow children to testify in criminal cases behind screens that shield them from seeing defendants.

The court agreed today to take the case.

The U.S. Constitution's Sixth Amendment gives criminal defendants the right to confront their accusers in court.

In the case going before the Michigan Supreme Court, an eight-year-old girl testified that her brother-in-law had repeatedly raped her over a period of years, and exposed her and her brother to pornography.

The jury did not believe the man’s defense that the girl made up the charges to break up his marriage.

The defendant says he was deprived of his right to confront the primary witness against him because she testified from behind a one-way screen.

The screen shielded her view of the defendant, although he could see her.

A therapist said that was the only way she could testify without risking serious emotional damage.

The defendant says the shield prejudiced the jury against him, and that the Constitution requires witnesses to look defendants in the eye when testifying against them.

Michigan Supreme Court
10:52 am
Sat January 22, 2011

Is a golf course a public park?

Google's view of Jean Klock Park in Benton Harbor, MI
Google Maps

The Michigan Supreme Court heard arguments yesterday on the dispute around Jean Klock Park in Benton Harbor.

In 1917, some land along Lake Michigan was given to the city of Benton Harbor. The "Friends of Jean Klock Park" describe the gift this way:

In 1917, John and Carrie Klock deeded a half mile of lake Michigan frontage to the City of Benton Harbor Michigan in memory of their deceased daughter Jean. Their gift consisted of 90 acres of globally rare natural resources that included Great Lakes Dunes, a Great Lakes Marsh and interdunal wetlands. The donated land was named Jean Klock Park and was dedicated "FOR THE CHILDREN" - "in perpetuity" - "FOREVER."

Today, the city of Benton Harbor has leased part of the park to the Harbor Shores Community Redevelop Corporation. The Redevelop Corporation used the land, including sand dunes along the Lake Michigan shoreline for 3 holes of an 18 hole golf course.

Residents didn't like it and they filed a lawsuit. The case made it to the Michigan Supreme Court yesterday.

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Legal
12:38 pm
Thu January 20, 2011

Is a firefighter's discovery of pot plants an illegal search?

The defendant was charged with possessing marijuana plants after a firefighter discovered them.
USFWS

The Supreme Court will hear arguments in a case regarding a possible illegal search today.

In the case "The People of the State of Michigan vs. Mark Slaughter" - the defendant, Mark Slaughter, was charged with possessing marijuana plants in his basement after a firefighter found the plants during an emergency call. From the court filing:

On May 6, 2007, firefighters were called to the residence of Kathleen Tunner at 3206 Coolidge, Royal Oak, Michigan. Ms. Tunner testified that she suspected that water was running down the wall of her basement in her unit over her electrical box. Ms. Tunner contacted 911 and the fire department arrived...even though the unit in which called for assistance was Ms. Tunner's unit, Lieutenant Schunck never entered or inspected Ms. Tunner's unit...[Schunck] testified that they entered Defendant's unit, absent any signs of leaking water or hearing water running from outside Defendant's unit...Upon entering Defendants unit, the firefighters observed suspected marijuana plants...and subsequently contacted the police."

The Associated Press reports that lower courts have ruled in Slaughter's favor:

Slaughter's defense lawyer successfully argued that it was an illegal search. Prosecutors say there's an exception when authorities find evidence of a crime during an emergency.

So let's play armchair Supreme Court justice. Do you think this amounted to an illegal search? You can read the complaint to gather more information before you issue your ruling.

Law
12:00 pm
Sun January 16, 2011

Dr. Dre's "Detroit Controversy" goes to Michigan Supreme Court

A private moment for Detroit city police officers captured by videographers? The Michigan Supreme Court will decide.
screen grab of YouTube video

This Wednesday, the Michigan Supreme Court will hear arguments in a case that may determine if police officers have an expectation of privacy when they are doing their jobs.

It all started with a video.

Detroit city police and members of former Mayor Dennis Archer’s staff wanted to prevent a sexually explicit video from being played at a Dr. Dre concert in July 2000.

A camera crew for the rapper videotaped police officers saying they would pull the plug on the concert.

Former police officer, and current Detroit City Council president pro-tem Gary Brown, is seen on the video saying "we're going to shut this show down."

Eventually, Dr Dre decided not to show the video police were concerned about.

But the video of the police officers making their threats was put onto a concert DVD.

Thanks to YouTube user "snoopfroggydogg," you can see the "Detroit Controversy" videos here (WARNING: they contain images and words not suitable for younger viewers):

Detroit city officials sued, claiming the DVD makers violated Michigan’s anti-eavesdropping law by putting the video on the DVD without their permission.

The city officials and police officers claim their privacy was invaded by being videotaped and the video being shown publicly.

Attorney Herschel Fink represents the DVD’s producers. He says police officers have no 'right to privacy when they’re doing their job:

"I think the very essence of law enforcement is transparency...and I think this case has implications for mainstream news gathering and not just private citizens who are videotaping police berating them which was the case here."

Lower courts have tended to side with the DVD producers.

Michigan Supreme Court
10:32 am
Mon January 10, 2011

5 things to know about your new state Supreme Court justice

Earlier this morning, Governor Rick Snyder announced that he was appointing Appeals Court Judge Brian Zahra to the Michigan Supreme Court. 

Judge Zahra will be taking over the place of state Supreme Court Justice Maura Corrigan.  Corrigan will leave the court on Friday to begin a new job as the head of the state Department of Human Services.  Governor Snyder named her the Director of DHS last week.

So, just who is Judge Brian Zahra?  Here are 5 things we know:

  1. He has a Bachelor of General Studies degree from Wayne State University. He also has a J.D. from the University of Detroit School of Law.
  2. He has served on the Michigan Court of Appeals since 1999.
  3. In 2006 he received Jurist of the Year from the Police Officers’ Association of Michigan.
  4. He is a member of the State Bar of Michigan.
  5. He is married and has two children.
Michigan Supreme Court
9:22 am
Mon January 10, 2011

Snyder appoints Judge Brian Zahra to state Supreme Court

Update 10:19 a.m.:

Michigan Radio has learned that Judge Zahra's appointment will take effect on Friday, January 14th at noon.  In a release sent out this morning, Governor Snyder said Zahra's, "legal reasoning abilities and depth of understanding of Michigan law are virtually unmatched." Snyder also noted:

Judge Zahra’s sixteen years of judicial experience and his razor sharp intelligence will make him an outstanding addition to the court. His integrity and consistent legal philosophy that judges are to interpret laws, not make them, gives me confidence that he will respect our system of checks and balances while upholding the rule of law.”

9:22 a.m.:

Governor Rick Snyder has named Appeals Court Judge Brian Zahra to the Michigan Supreme Court, Michigan Public Radio's Rick Pluta reports. Zahra was appointed to the appeals court in 1999 by former Republican Governor John Engler. He was then elected to the court in 2000 and 2006.

Judge Zahra will be taking over the place of state Supreme Court Justice Maura Corrigan.  Corrigan will leave the court on Friday to begin a new job as the head of the state Department of Human Services.  Governor Snyder named her the Director of DHS last week.

Like Corrigan, Zahra is a Republican.  That means the state Supreme Court will keep its 4-3 GOP majority.

Michigan Supreme Court
6:34 am
Mon January 10, 2011

Snyder to name new state Supreme Court Justice today

Governor Rick Snyder will announce his appointment to the Michigan Supremem Court at a press conference today
Photo courtesy of www.governorelectricksnyder.com

Governor Rick Snyder will name a new state Supreme Court Justice today at a morning news conference.

Snyder will be appointing a replacement for current Justice Maura Corrigan.  Snyder named Corrigan to head the state Department of Human Services last week. Corrigan will step down from the court on Friday to begin her new job.

There's been no word yet on who will replace her, but the Associated Press reports:

Appeals Court Judge Jane Markey of Grand Rapids wants Snyder to name her to the court because she'd bring a west Michigan perspective. The 59-year-old sent out an unusual release late Saturday asking for the appointment and noting that the court hasn't had a justice from Grand Rapids since 1946. Appeals Court Judge Brian Zahra of Northville may be higher on Snyder's list. He turned 51 Sunday and ran unsuccessfully for the high court in 2004.

Michigan Supreme Court
9:10 pm
Wed January 5, 2011

Chief Justice Young calls for cuts in the courts

Newly appointed Michigan Supreme Court Chief Justice Robert Young.
justicebobyoung.com

Newly appointed Michigan Supreme Court Chief Justice Robert Young is calling for budget cuts in Michigan's judiciary, reports Rick Pluta of the Michigan Public Radio Network.

Pluta reports that Chief Justice Young "says he will call for combining courts and cutting judges in areas where there are fewer people and fewer cases." Young said:

"The Legislature will either do something rational to reduce the size and cost of the judiciary, or it will do something irrational. I think it is most rational to reduce redundancy rather than to cut into the judiciary in ways that will disable it from fulfilling its constitutional duties."

Pluta says "a 2009 report by the State Court Administrator says the state could save $2 million by eliminating more than a dozen judgeships in metro Detroit and northern Michigan."

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Justice
9:17 am
Wed January 5, 2011

Michigan Supreme Court to pick new Chief Justice

The Michigan Supreme Court will choose a new Supreme Court Chief Justice today
Joe Gratz Flickr

UPDATE 10:39 a.m.:

Rick Pluta, Michigan Public Radio's Lansing Bureau Chief just filed this breaking news report:

Justice Robert Young has been selected as the new chief justice of the Michigan Supreme Court. Young was chosen by his fellow justices in a closed-door vote. The decision reflects the change in control of the court from Democrats to Republicans in the last election.

9:17 a.m.:

The seven justices of the Michigan Supreme Court will meet today to select a new chief justice. After this past November's election, Republicans are in the majority of the court with four members; three justices are Democrats.

Justice Robert Young Junior was re-elected to an eight year term in 2010.  He said yesterday that he has four votes to become the next Chief Justice. Young, who has been on the Michigan Supreme Court since 1999, is a Republican from the Detroit-area. The current Chief Justice is Marilyn Kelly, a Democrat. 

As the Associated Press reports:    

The court's membership will change soon. Justice Maura Corrigan is expected to resign to lead the Department of Human Services under the new governor, Rick Snyder.

No such announcement from the Snyder administration has been made yet publicly.

Opinion
1:21 pm
Tue December 14, 2010

Commentary: Fixing Our Courts

Marilyn Kelly, who is now Chief Justice of the Michigan Supreme Court, has given her life to Michigan’s legal system.

Now in her last term on the bench, she doesn’t like a lot of what she has been seeing lately. Besides deciding cases, Michigan’s Supreme Court is charged with overseeing all the other courts.

And she fears that the public is losing respect for the judiciary, in part because of the way judges are chosen. Especially higher-level judges, those who sit on appellate and supreme courts.

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Courts
11:10 pm
Fri December 10, 2010

Group asks state's high court to hear union dues challenge

Joe Gratz flickr/creative commons

A conservative group has asked the Michigan Supreme Court to hear a challenge to union dues paid by home-based child care providers.

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Offbeat
5:07 pm
Mon December 6, 2010

High Court rules on "bizarre" toilet paper dispenser case

The Michigan Supreme Court
Michigan Supreme Court court.mi.gov

The Associated Press reports "the Michigan Supreme Court, in a 4-3 order, has refused to throw out Sheri Schooley's lawsuit against Texas Roadhouse in suburban Detroit."

Schooley sued the restaurant after a mishap with a toilet paper dispenser.  Schooley said she was injured in the restroom at the Texas Roadhouse.

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2010 election
10:36 pm
Tue November 2, 2010

Re-elected Justice Robert Young says voters chose rule of law over rule of judges

Introducing Robert Young, who won another term as a Michigan Supreme Court justice, Oakland County Executive L. Brooks Patterson says ads run against Young were "below the belt," and funded by Detroit attorney Geoffrey Fieger.

To applause, Young says he will uphold the constitution of the United States, along with his three fellow "rule of law" justices on the Supreme Court.  The Supreme Court race is ostensibly non-partisan, but candidates are nominated by the state parties.

Breaking
10:39 am
Thu August 26, 2010

Michigan Supreme Court Justice Weaver resigns

Supreme Court Justice Elizabeth Weaver
justiceweaver.com

Michigan Supreme Court Justice Elizabeth "Betty" Weaver is resigning. Weaver is a Republican, but she was expected to run for re-election this November as an independent. Justice Weaver openly feuded with some of her Republic colleagues on the court.

 

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