Court of Appeals

Politics & Government
12:15 pm
Tue July 3, 2012

Michigan campaign donation cap stands, appeals court says

user tobym Flickr

LANSING, Mich. (AP) - A federal appeals court won't upset a decision that keeps limits on campaign contributions for Michigan House and Senate races.

The court says a federal judge in Grand Rapids made the right call when she refused to issue an injunction. Republican political strategist Greg McNeilly says the limits hurt his free-speech rights. He's challenging the $500 cap for state House candidates and $1,000 maximum donation to state Senate candidates.

The appeals court said Tuesday that Michigan's restrictions still don't seem to stop challengers from running competitive campaigns.

In 2010, Judge Janet Neff refused to issue an injunction two months before the general election. She says the law has been in place for decades.

Politics
1:15 pm
Tue May 22, 2012

Court of Appeals rules Michigan's emergency manager process doesn't violate Open Meetings law

Flint Emergency Manager Michael Brown
Steve Carmody Michigan Radio

The Michigan Court of Appeals has ruled review teams can meet behind closed doors as they decide whether to recommend a state takeover of a city or school district. Opponents of Michigan’s emergency manager law filed the challenge. They say review teams should have to comply with Michigan’s open meetings law.

The ruling essentially upholds the decision to name an emergency manager to run Flint and the state’s consent agreement with Detroit.

Robert Davis filed one of the lawsuits. He says the court made a mistake.

“The financial review teams are able to exercise extraordinary powers, including issuing subpoenas and compelling testimony of local elected officials, and, certainly, since they are discussing financial management of a local unit of government certainly that should be open for every person and every citizen to be privy to,” Davis said.

Davis said he will appeal this ruling to the Michigan Supreme Court.

Meanwhile, the Court of Appeals is still deciding whether to allow a referendum challenging the emergency manager law on the November ballot

Politics
3:26 pm
Thu May 17, 2012

Michigan Court of Appeals hears arguments on EM ballot question

District I offices of the Michigan Court if Appeals in Detroit
Mike Russell wikimedia commons

The question of whether voters should get to weigh in on the state’s emergency manager law now rests with the Michigan Court of Appeals.

A panel of the court heard arguments today both for and against putting the referendum on the November ballot.

A coalition of labor and other activist groups collected more than 220,000 petition signatures to do just that.

But the state Board of Canvassers blocked the question based on a complaint that some of the type on the referendum petitions was in the wrong size.

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Politics
1:01 am
Mon April 9, 2012

Michigan state lawmakers waiting on a court decision on "immediate effect"

A view from the floor of the Michigan State House
(photo by Steve Carmody/Michigan Radio)

The Michigan Court of Appeals may rule today in a dispute about how State House Republicans are passing bills.    

House Republicans have tacked on “immediate effect” provisions on more than 500 bills this year.  That means the bills will become law as soon as Governor Snyder signs them. But Democrats complain the “immediate effect” provisions are being added without the constitutionally required two-thirds vote.

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Politics
11:58 am
Wed April 4, 2012

Detroit draws closer to consent agreement, as Court of Appeals tosses restraining order

Laughlin Elkind Flickr

The Michigan Court of Appeals today lifted a temporary restraining order that prevented the state financial review team for Detroit  from meeting.

The court’s move has opened the door to a major step in fixing Detroit’s city finances.

The financial review team, appointed by the governor,  was supposed to meet Tuesday to vote on a “consent agreement” that would restructure the city of Detroit’s finances.

The agreement would help the city avoid the appointment of an emergency manager, but would require painful budget cuts.

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Flint
1:01 am
Wed March 21, 2012

Governor's office expected to ask higher court to overturn ruling ousting Flint's emergency manager

The governor’s office is expected to file an appeal with the Court of Appeals as early as today concerning a judge’s ruling that ousted Flint’s emergency manager.

Judge Rosemarie Aquilina also ordered the reinstatement of Flint’s mayor and city council.

The judge found the financial review panel that recommended the emergency manager’s appointment in Flint violated Michigan’s open meetings law.  

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Politics
5:31 pm
Wed November 23, 2011

Court upholds convictions of prominent Detroit political consultant

The state Court of Appeals has upheld the firearms and assault convictions of a prominent Detroit political consultant accused of attacking his girlfriend – a former state lawmaker.

Ex-state Representative Mary Waters returned home to the apartment she shared with Sam Riddle and found him in bed with another woman.

The couple fought.

She left andcalled 9-1-1 after he pointed shotgun at her.

Waters later tried to recant her accusation, but the prosecutor went ahead with the trial and Riddle was convicted.

Riddle challenged the convictions on several grounds – including Waters’ statement that she never actually feared being hurt.

The appeals court said that’s not relevant –what matters is whether a rational person might reasonably have feared the situation.

Riddle is currently in a federal prison serving a simultaneous sentence on bribery and extortion convictions.

Waters has tried to retract her guilty plea to corruption charges.

Politics
11:43 am
Wed November 16, 2011

Michigan appeals court allows blurted confession

The state Court of Appeals has ordered a new trial in the case of a man charged with murder during a robbery gone awry.

The court says a detective investigating the case did not violate the man’s Fifth Amendment rights by continuing a conversation after the defendant invoked his right to remain silent.

The detective stopped asking questions once Kadeem Dennis White invoked his Fifth Amendment right to remain silent, but the detective continued to try to engage White in a conversation.

During that brief conversation, White blurted out that he never intended to shoot the victim.

The prosecution tried to use that admission against White in court, but the judge ordered the statements could not be used. The court of appeals reversed that decision, and said White knowingly waived his right to remain silent when he spoke to the investigator.

It was a two-to-one split decision by the appeals panel.

One dissenting judge argued that continuing to try to engage White in a conversation was the functional equivalent of an interrogation that should have stopped once the defendant said he would remain silent.

The defense could appeal the case to the Michigan Supreme Court.

Michigan Court of Appeals update
4:26 pm
Fri October 28, 2011

Michigan court rules on Miranda rights for inmates

Joe Gratz Flickr

The Michigan Court of Appeals has ruled that inmates are not necessarily entitled to Miranda warnings when they’re investigated for alleged law-breaking in prison. Typically, warnings that a suspect has the right to remain silent and have an attorney present have to be given once a person is detained and no longer free to leave.

We have more from Michigan Radio’s Rick Pluta:

“In this case, suspected gang member Burton Cortez was handcuffed and questioned after guards found two metal shanks in his cell during a lockdown search of the state prison in Carson City.

With a recorder running, Cortez acknowledged the blades were his, and admitted he sold a third shank to another inmate. Prison officials say the main purpose of their interrogation was to gain information to help restore order following a string of gang-related fights, and to root out a plot to murder a guard.

That was enough for the trial court – and the Court of Appeals – to deny Cortez’s motion to suppress his confession and the tape. The courts say Miranda warnings are not necessary when prison officials’ top focus is to keep the peace, and not to determine whether a crime has been committed, or who is responsible.”

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Science/Medicine
9:37 pm
Wed August 24, 2011

Attorney General will push to shutdown Michigan's medical marijuana dispensaries

Michigan Attorney General Bill Schuette
(Courtesy of the Michigan Attorney General's office)

Michigan Attorney General Bill Schuette says he'll inform the state's 83 county prosecutors about a court decision that bans the commercial sale of medical marijuana.  Schuette says the appeals court ruling empowers local authorities to shut down marijuana dispensaries.

The businesses typically allow people with medical marijuana cards to sell pot to others who also have cards.  The appeals court said Wednesday that such shops are illegal. 

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Politics
4:30 pm
Wed June 29, 2011

Federal appeals court affirms Michigan ruling on Obama health care law

Joe Gratz Flickr

A case which was brought in part by Michigan residents against President Obama's health care legislation received a major defeat today as a federal appeals court ruled its mandate rules as constitutional.

From ABC News:

In a victory for the Obama administration, a federal appeals court has upheld the constitutionality of the Affordable Care Act. The decision marks the first time an appellate court has weighed in on the issue and also the first time a judge, appointed by a Republican president, has voted to uphold the law.

The case stems from a challenge from the Thomas More Center, a public interest law firm, and four Michigan residents who claimed that the individual mandate -- the portion of the law that requires individuals to buy health insurance by 2014 or pay a tax penalty-- is unconstitutional.

In his opinion Judge Boyce F. Martin Jr. of the 6th Circuit Court of Appeals said the law is constitutional under the Commerce Clause because the provision "regulates economic activity" with a "substantial" effect on interstate commerce.

"In addition, " he wrote, "Congress had a rational basis to believe that the provision was essential to its larger economic scheme reforming the interstate markets in heath care and health insurance."

Martin, who was appointed to the bench by President Jimmy Carter, was joined in the decision by Judge Jeffrey S. Sutton, who was appointed to the bench by President George W. Bush. Before today every other judge who had voted to uphold the law was nominated by a Democratic president and those who voted against it were nominated by a Republican president.

-Brian Short, Michigan Radio Newsroom

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Science/Medicine
2:39 pm
Fri March 18, 2011

Michigan loses prescription drug lawsuit

The state Court of Appeals today ruled against Michigan in a prescription drug case.  The decision could cost the state millions of dollars. 

In 2004, the pharmaceutical company Merck pulled the arthritis drug, Vioxx, off the market, because it caused serious heart and other health problems.

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medical marijuana
6:28 am
Mon March 14, 2011

Safe under medical marijuana laws, and driving laws?

Is it against the law for medical marijuana patients to drive if they've smoked earier that day?
Craig Finlay Creative Commons

Michigan’s medical marijuana law allows people to use the drug, but motor vehicle laws forbid driving with any marijuana in your system. The legal battle could head to the State Court of Appeals.

Rodney Koon was pulled over for speeding a little over a year ago. Officers in Traverse City found a pipe in his pocket so he showed them his medical marijuana card. The Traverse City Eagle-Record says Koon was charged with driving under the influence of a schedule one controlled substance (others include ecstasy, heroin, and LSD) after a drug test revealed he had marijuana in his system.

A county judge ruled the state’s medical marijuana law protects Koon from prosecution. He said prosecutors need to have more solid evidence a driver is impaired while driving. State driving laws say people can’t drive with even a trace amount of schedule one controlled substances in their system.  

Michigan Attorney General Bill Schuette is supporting the Grand Traverse County Prosecutor’s appeal to the State Court of Appeals. He says Koon isn’t “being prosecuted for using marijuana, but for driving shortly after using it.”