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Law
5:32 pm
Wed January 30, 2013

Drunk and near a gun, Michigan court says that's OK

Drunk and near a gun, Michigan court says that's OK

Credit user westsideshooter / Flickr
"Open carry" dinner held in Detroit

A gun charge filed against former state House Speaker Craig DeRoche has been dismissed.

The Michigan Court of Appeals ruled a charge of possessing a firearm while intoxicated violated his Second Amendment rights.
    
DeRoche was charged with being drunk while possessing a firearm in the summer of 2010.

His mother-in-law told police he had locked himself in one of his children’s bedrooms with a 40-caliber-handgun. But, by the time police arrived, she had already taken the gun and hidden it.
    
DeRoche challenged the criminal charge as a violation of his Second Amendment rights.

The Court of Appeals agreed and said, since the gun had been moved away from him to another part of the house, he was only near the firearm – not in possession of it.

The court decision says to rule otherwise would be too restrictive – essentially, people in a residence with a firearm anywhere in it could not consume alcohol.
    
DeRoche served as the state House Republican leader from 2005 to 2008. He says he has quit drinking.

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Law
3:41 pm
Wed January 30, 2013

Judge opens door for Michigan juvenile lifers

Judge opens door for Michigan juvenile lifers

Credit US Supreme Court
In 2012, the U.S. Supreme Court struck down state laws that allow juveniles to be sentenced to life in prison with no chance of parole.

DETROIT (AP) - A federal judge says all Michigan inmates serving no-parole sentences for murder committed as juveniles are entitled to a chance at release.
 
Judge John Corbett O'Meara says a 2012 U.S. Supreme Court decision striking down mandatory no-parole sentences applies retroactively to Michigan inmates already behind bars.

O'Meara's decision Wednesday trumps a ruling last fall by the Michigan appeals court, which said retroactivity would not apply for most.

O'Meara says it's a "matter of law and morality" that the Supreme Court decision cover all. He's directed attorneys for the state and for inmates to propose a way to hold parole hearings.

Those next steps will be litigated for months.

Law
11:30 am
Wed January 30, 2013

I-96 shooter suspect found competent to stand trial

I-96 shooter suspect found competent to stand trial

Credit Livingston County Sheriff's Department
Raulie Casteel is accused of a series of shootings along I-96 last October.

For 11 days in October, people along the I-96 corridor were on high alert as motorists experienced a rash of shootings. Remarkably 0nly one person was wounded.

Police nabbed the man they say was responsible for the shootings, and today 43 year-old Raulie Casteel was found to be fit to stand trial in Livingston Co.

Casteel faces a separate set of charges in Oakland County, and the Attorney General's office brought a terrorism charge against him.

Casteel's defense lawyers say he is college-educated with no criminal history.

The Detroit News reports that Casteel's relatives say he has a history of mental health problems.

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Law
11:30 am
Tue January 29, 2013

Former Michigan Supreme Court Justice Diane Hathaway pleads guilty to bank fraud

Former Michigan Supreme Court Justice Diane Hathaway pleads guilty to bank fraud

Credit michigan.gov
Former Michigan Supreme Court Justice Diane Hathaway.

Update 11:30 a.m.

Former Michigan Supreme Court Justice Diane Hathaway stood in front of federal judge this morning and plead guilty to felony bank fraud charges. More from the Detroit Free Press:

Hathaway stood quietly at a podium in U.S District Court in Ann Arbor this morning, acknowledging she intentionally defrauded a federally-insured financial institution when she short-sold her Grosse Pointe Park home.

According to an agreement negotiated with the U.S. District Attorney’s Office, her punishment is limited to up to 18 months behind bars or could be as little as 4-10 months if a pre-sentence report determines there was no actual financial loss.

“Yes your honor, I agree,” Hathaway said to Eastern District Court Judge John Corbett O’Meara.

She is scheduled to be sentenced in May. The Detroit News reports that Hathaway's attorney, Steve Fishman, is likely to argue that her actions did not harm the bank:

Fishman has previously said Hathaway and her husband, attorney Michael Kingsley, saved the bank $150,000 by negotiating a short sale of their home rather then letting it be sold at a foreclosure auction.

But prosecutors have tripped up Hathaway on a fraud charge because she and Kingsley transferred a posh second home in Windermere, Fla., valued at $664,000, to one of Kingsley's daughters while applying for the short sale — and then got the house back after selling the Grosse Pointe Park home.

During the short sale process, in 2010 and 2011, Hathaway also acquired two other homes in Grosse Pointe Park on Windmill Pointe and Balfour Street and transferred them to her stepchildren. Hathaway's stepdaughter, Sarah Kingsley, transferred the Balfour Street back to Hathaway after the short sale of the home on Lakeview Court, public records show.

U.S. Attorney Barbara McQuade plans to hold a press conference this afternoon to talk about the Hathaway case.

10:45 a.m.

Former Michigan Supreme Court Justice Diane Hathaway is due in federal court today for an anticipated guilty plea to bank fraud. More from the Associated Press:

Hathaway is accused of concealing assets while trying to persuade a bank that she needed a short sale. That was to get rid of a Grosse Pointe Park home that carried a big mortgage.

Her hearing is set for today in Ann Arbor federal court.

Hathaway was charged Jan. 18, three days before she left the Supreme Court because of the scandal.

She and her husband transferred a debt-free Florida home to a relative before the 2011 sale of their Detroit-area home. After the short sale went through, the Florida property went back in their names.

Hathaway was elected to the Supreme Court in 2008.

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