Tagged: law

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.

Newly elected State Senator Mike Green, who comes from beet-growing country in Michigan’s thumb, seems to be a good and decent man. He was a tool and die maker for General Motors for thirty years, and operated a family farm most of that time.

He’s had the same wife for forty-three years; raised five kids and has more than enough grandchildren for two baseball teams.

The senator also owns a business that would make Abraham Lincoln proud -- Green’s Log Rails and Custom Log Furniture. Like Honest Abe, he is a Republican, and lacks college education. But he is very enthusiastic about guns.

So much so, that he has introduced legislation to allow people with concealed weapons permits to take guns everywhere -- churches, synagogues, bars, Joe Louis Arena. He thinks banning guns anywhere is outrageous. “Why do you need to give your Constitutional right away when you go to some places?“ he asks.

There are a number of ways to answer that, but the easiest and simplest is that there is no Constitutional right to take a weapon anywhere. That’s not a left-wing anti-gun point of view.

The Michigan State Bar wants to change the way the state's courts work.

A task force of judges and lawyers are recommending changes they say will save the state money.

The Judicial Crossroads Task Force suggests:

• consolidating trial courts
• giving business cases higher priority
• and letting existing judges retire without replacing them

Michigan has 246 separate courts and 586 judges.

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.

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."

Republican Congressman Fred Upton, who represents Michigan's 6th District, says his fellow GOP lawmakers will go after the new health care law piece by piece.  Upton made the comments yesterday on "Fox News Sunday."

As The Associated Press reports:

That effort, says Rep. Fred Upton of Michigan, will follow a vote to repeal the health care law outright. Such a vote could come early in the new year after the GOP takes control of the House. Upton is the incoming chairman of the House Energy and Commerce Committee, and he says that repealing the health care law is his top priority.

Upton says he hopes for a vote before President Obama gives this year's State of the Union address.

Michigan's new liquor law that allows alcohol sales on Sunday mornings and Christmas Day starts this weekend for establishments that have bought the proper permits. But, some communities in the state say they plan to continue to ban alcohol sales during certain hours on Sunday.

As The Associated Press reports:

Flint, Muskegon Heights, Garden City, Sturgis, Charlotte and all of Oceana, Ogemaw and Mecosta counties are among the places opting to continue banning Sunday morning sales.

Local governments had until yesterday to let officials know if they wanted to continue to ban or limit the sales on Sunday mornings.

Michigan's medical marijuana law is intended "to provide protections for the medical use of marihuana."

But a) it conflicts with federal law, and b) it does not provide details on how and where registered medical marijuana users can get their pot. Confusion reigns around these issues and court battles are heating up.

Some cities accept the state law and are regulating pot dispensaries through ordinances or zoning laws.

Others are refusing to accept the law and are passing ordinances that effectively ban medical marijuana.

Here we plan to keep a running tally of how cities across Michigan are reacting to the medical marijuana law. Let us know if you have more information that should be posted here!

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.

Update December 3rd 5:13 pm:

Marc Gaden of the Great Lakes Fishery Commission says "as far as I know, no one thinks there are any Asian Carp in Lake Erie." He says Lake Erie is colored red in the USGS map above because two Bighead carp were found in commercial fishman's nets several years ago. They colored the entire Lake red based on these two incidents.

December 1st 5:27 pm:

Today is the last day that stores in Michigan can sell alcoholic energy drinks.  Last month, the Michigan Liquor Control Commission announced it would ban sales of the controversial drinks because of health risks.

The Associated Press reports:

The Food and Drug Administration is requiring major brands of caffeinated alcoholic drinks to be taken off store shelves nationally by mid-December because of similar concerns. The agency says the combination of caffeine and alcohol in the drinks can lead to a "wide-awake drunk" and alcohol poisoning, car accidents and assaults.

At least four states have banned the drinks. You can find a list of the banned-drinks here.