Tagged: michigan supreme court

A Michigan Supreme Court says homeless sex offenders must report their home address to the state even though they don’t actually have homes.  Paroled sex offenders are legally required to provide their home address to the state sex offender registry. But what if they’re homeless?   

Randall Lee Dowdy is a convicted rapist.  He was paroled in 2002. But he was arrested again a few years later after he gave the address of a Lansing non-profit as his ‘home address’. Dowdy was homeless at the time.  

Lower courts ruled Dowdy couldn’t be charged with violating the law since he didn’t have a home address to report. 

But the Michigan Supreme Court says homelessness is no excuse. In a 4 to 3 decision, the high court ruled the lower courts had not taken the ‘intent’ of the law into account, adding homelessness doesn’t prevent sex offenders from complying with the law requiring them to report their ‘home’ address to the state.

The dissenting justices describe the majority’s opinion as defying ‘common sense.’

In a blow to unions’ political fundraising, the Republican-led state Supreme Court has ruled automatic deductions from the paychecks of public employees for political donations is illegal. The GOP majority reversed a decision made by the court last December, when Democrats controlled the court.

The Michigan Education Association’s political action committee is fueled by contributions from teachers and school employees who agree to have their donations deducted automatically by the school district from their paychecks.

The Republican justices ruled that’s a violation of Michigan’s campaign finance law because public resources are used to support a political activity. They said it’s not enough for the union to reimburse school districts for the costs of administering the check-off system.

Democrats say the school districts did not spend any money on politics, and complained it appears the only reason the court reconsidered the decision is because the partisan majority changed as a result of last year’s elections.

Beginning this fall, people serving on Michigan juries will be allowed to play a more active role in the pursuit of justice.   The Michigan Supreme Court announced today that it is revising the rules for people serving as jurors.

The state Supreme Court has agreed to Governor Rick Snyder’s request to make an early ruling on whether the new income tax on pensions violates the Michigan Constitution.

Governor Snyder made the request to avoid what potentially could be years of litigation.

The governor is trying to preempt an expected lawsuit from state employee unions. They say the tax on pensions will illegally reduce their agreed-to compensation under collective bargaining agreements.

The Michigan Constitution says the state may not “diminish” nor “impair” the financial benefits of pension plans.

The governor wants the question settled before the pension tax takes effect next year. The law extends the state income tax for the first time to pensions of people born after 1945.

The Supreme Court ordered oral arguments to be held in the case in September. The court has a Republican majority.

A work of fiction written by a person charged with a crime can be used against the defendant in court according to a new decision from the Michigan Supreme Court.

The question before the state’s highest court was whether a story a defendant had written depicting graphic scenes of incest between siblings and their father could be used against him as evidence of his intent.

Tomorrow, the Michigan Supreme Court will consider a rule change that could put local governments in a stronger position to challenge unfunded state mandates.  

The Headlee Amendment is a state constitutional amendment meant to reduce unfunded state mandates on local governments, like requiring but not necessarily providing extra money for special education programs. 

It's a case that has turned into a political football for the conservative and liberal incarnations of the Michigan Supreme Court.

In an order released today, the Michigan Supreme Court's conservative majority reversed a major decision that allowed Michigan citizens to sue the state over pollution concerns.

From the Associated Press:

The case involved the discharge of partially contaminated water to a popular trout stream. In December, the court's liberal majority used the case to give more rights to people to challenge
state regulators over certain environmental permits.

At issue is whether people have the right to sue the state over pollution concerns when the state issues things like pollution discharge permits.

The case that was argued involved the Michigan Department of Environmental Quality (MDEQ), Merit Energy, and the Anglers of the AuSable.

The Michigan Supreme Court is faced with the question of whether a work of fiction can be used against the author if they are charged with a crime.  

A Bay County man was convicted of molesting his young granddaughter. Used against him during the trial was a fictionalized “sex manual” he wrote about incestuous sex between siblings and their father. 

Chief Justice Robert Young summed up the question before the court during today's hearing.  

“We’re now trying to determine the extent to which this incest fantasy is admissible, and why if it is.”   

Sylvia Linton is the prosecuting attorney. She says  the trial-court judge made a valid point about fictional works:

“Just because Sophocles wrote about incest doesn’t mean he would do that. Well that’s true, but if Sophocles was on trial for having incest with his mother, then I think it becomes extremely relative.”

To which Justice Stephen Markham asked:

 “So if Agatha Christie is charged with murder, the fact that she wrote several first-person stories about murder would be relevant as evidence?”   

The prosecutor says in some cases, yes, Agatha Christie’s stories could have been used against her.

The defense attorney says allowing works of fiction to be admitted as evidence would open the door for what could be used against a person, and prevent people from receiving fair trials.

The Supreme Court is expected to rule on the case later this year.