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State of Michigan v Joseph Lee Hart |
Michigan Court of Appeals |
2009 |
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State of Michigan v Joseph Ryan Kadlek |
Michigan Court of Appeals |
2009 |
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State of Michigan v Kucharek, Docket No. 284901, Unpublished June 18, 2009 (2009) |
Michigan Court of Appeals |
2009 |
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State of Michigan v Kulpa, Docket No. 285892, unpublished, December 1, 2009 (2009) |
Michigan Court of Appeals |
2009 |
Miranda issues and .07 below the legal limit: Livingston County loves to charge people who are under the legal limit, and at least some of the judges there will threaten an attorney with jail if they mention the "legal limit" during an .07 trial. The Michigan Court of Appeals held that, because a .08 blood alcohol level or higher meant that a defendant was intoxicated, defense counsel's strategy appeared to be an attempt to use this information to create doubt in the jury's mind as to whether defendant was driving while impaired or intoxicated, since defendant's blood alcohol level was .07. In the alternative, defense counsel sought to have the blood alcohol level result of .07 excluded from evidence. |
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State of Michigan v Michael Thomas Beard |
Michigan Court of Appeals |
2009 |
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State of Michigan v Person, Docket No. 286057, unpublished, November 19, 2009, (2009) |
Michigan Court of Appeals |
2009 |
Driver tried to outrun police, driving over 80 mph in a 25 mph zone with a .17 BAC. His friend was thrown from the car and died after he crashed. Court of appeals affirmed his 2nd Degree murder conviction on these facts. Defendant was ordered resentenced his OWI Causing Death conviction, however, because the trial court ordered a maximum sentence on that charge, which was technically incorrect. A sentence is invalid when it is beyond statutory limits. Moreover, a trial court may not impose a minimum sentence that exceeds two-thirds of the statutory maximum sentencing, even if the sentence imposed is a departure from the guidelines. |
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State of Michigan v Pineda, Docket No. 286267, October 20, 2009 (2009) |
Michigan Court of Appeals |
2009 |
OWI Causing Death and 2nd Degree Murder convictions upheld on appeal. While "not every intoxicated driving case resulting in a fatality constitutes second-degree murder," a verdict of second-degree murder may be appropriate where the evidence demonstrates "a level of misconduct that goes beyond that of drunk driving." Miranda issues raised by defendant failed to establish that statements were involuntary. |
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State of Michigan v Raule Emilio Bacon |
Michigan Court of Appeals |
2009 |
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State of Michigan v Reese, Docket No. 286172, unpublished, November 24, 2009 (2009) |
Michigan Court of Appeals |
2009 |
Defendant ran out of gas and was a .28. She told witnesses and police that she had been driving the car, and the hood of the car was still warm, indicating that it had recently been driven. Another police officer arrived at the scene and did not see anyone walking on the roads in the area. Defendant later told police that she had not driven the car but also never stated who was driving instead of her. Defendant had the keys to the car in her purse. Her boyfriend testified at trial that he was driving. Conviction affirmed. |
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State of Michigan v Robert James Siler |
Michigan Court of Appeals |
2009 |
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