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      law

      We elect our judges, but they all get appointed

      Mar 30, 2017
      The Daily Record / Creative Commons

      There’s always a debate as to whether judges should be appointed or elected. The one thing everyone agrees on, at least in theory, is that judges should be nonpartisan.

      Michigan has an odd hybrid system that manages to ensure that all these things are both true and false -- especially as far as the State Supreme Court is concerned.

      DETROIT (AP) - A candidate who lost an election for Detroit's 36th District Court is getting his robe another way. Gov. Rick Snyder says he's appointing Christopher Blount to a vacancy on the city court. In November, Blount finished third in a race for two seats at 36th District Court.

      VIDEO: Interview with Russell Simmons

      Oct 31, 2016
      Russell Simmons.
      DPTV

      We sat down with entrepreneur, author, clothing line creator, and film and music producer Russell Simmons to get his take on the state of police and justice for Chapter 6 in our Detroit Journalism Cooperative series: Justice.

      Simmons talks about the frequency that African Americans are being killed by police which has shocked a nation. He also speaks about the importance of having African American police officers in urban areas like Detroit.

      Watch the clips below:

      GROSSE POINTE PARK, Mich. – Officials in a Detroit suburb where five police officers were suspended for their roles in videos in which a black man is seen singing or chanting plan to sign an agreement about department changes.

      A statement on behalf of Grosse Pointe Park says the city plans to sign an agreement Wednesday partnering with U.S. Justice Department, the Michigan Department of Civil Rights and local groups to "increase policing reforms."

      The city says the Justice Department and the Department of Civil Rights will help train officers in the latest strategies in community policing. The city also is signing a resolution reaffirming a commitment to diversity as well as human and civil rights.

      Virginia Gordan

      There appears to be a lot of interest in a new kind of court in Washtenaw County.

      More than 80 lawyers, mediators, and probation officers packed Judge Timothy Connors' courtroom on Friday.

      They were there for a six-hour education session on the Native American philosophy that guides the new peacemaking court.?

      Morguefile

      In Michigan, people can no longer use trespassing laws to avoid being served court papers at their doors.

      At the end of 2013, a new law took effect to exempt process servers from trespassing laws.

      State Sen. Rick Jones (R-Grand Ledge) introduced the legislation. He said the law aims to increase safety for process servers.

      Civil libertarians are calling on the U.S. Justice Department to expand a probe into the Saginaw Police Department.

      The Justice Department has been examining the case of Milton Hall. He's a mentally ill homeless man who was gunned down by six Saginaw police officers as he threatened them with a knife.

      The case has raised questions about how the department deals with African-Americans.

      Mark Fancher is with the American Civil Liberties Union. He says his office has received several allegations that Saginaw police officers operate in a racially biased manner.

      Chris Lamphere / Cadillac News

      He spent four years in prison after he was convicted in 2009 on an arson charge. But now he is free after a team of lawyers from the University of Michigan's Innocence Clinic proved he was wrongfully convicted.

      The Innocence Clinic team said Caminata was convicted on "junk science."

      The Clinic has more on Caminata's conviction:

      Jake Neher

      Governor Rick Snyder signed legislation Monday that will make sweeping changes to the state’s public defense system.

      Snyder says the new law is a big step toward making sure fewer indigent criminal defendants are wrongfully convicted. It will create a commission to set statewide standards for public defense. The group will also monitor counties to make sure each one is meeting those standards.

      The governor says there’s still a lot of work to do before the state can expect to see improvements. He said, “It will take some time to implement this. But this is something we will be very diligent about the follow-through to make sure it happens right.”

      The bills passed the state House and Senate last month with bi-partisan support.

      MOUNT CLEMENS, Mich. (AP) - A 77-year-old woman has been sentenced to five years of probation for taking money from a Detroit-area church and has been ordered to repay $50,000.

      Helen Gvozdich was sentenced Tuesday in Macomb County Circuit Court in Mount Clemens, avoiding the possibility of up to two years behind bars. She earlier pleaded guilty to embezzlement in an agreement with prosecutors. Court records say a judge also ordered her to perform community service.

      Her lawyer has said she devoted decades to serving the church and was the victim of an unfortunate series of events.

      Authorities originally said that in 2008-2009 Gvozdich stole about $79,000 from St. Stevan Decanski Serbian Orthodox Church in Warren. Prosecutors say church officials agreed to accept $50,000 repayment if she pleaded guilty.

      Prison fence barbed wire
      Kevin Rosseel / morguefile

      The Michigan Court of Appeals ruled that the U.S. Supreme Court decision striking down mandatory life sentences for juveniles convicted of murder does not apply retroactively.

      The case involved a resentencing request for Raymond Carp. In 2006, Carp was convicted of first-degree murder as a 16-year old.

      user elioja / Flickr

      Michigan voters passed a medical marijuana law in 2008, but state prosecutors say its being abused.

      The Times Herald of Port Huron reports on charges being leveled against a marijuana dispensary group:

      Michigan Attorney General Bill Schuette filed charges Wednesday against six people connected to an investigation of the Blue Water Compassion Centers in St. Clair, Sanilac and Tuscola counties.

      Authorities raided the centers, which distributed information about medical marijuana and other products, on Dec. 9, 2011 in Kimball Township in St. Clair County, Denmark Township in Tuscola County, and Worth Township and Lexington in Sanilac County.

      Authorities also raided a greenhouse in Worth Township as well as the home of Debra Amsdill.

      Six people face multiple felony charges, according to information and warrant documents from the attorney general’s office.

      Debra Amsdill, an owner of the Blue Water Compassion Centers, said she would issue a statement on the charges tomorrow.

      Joe Gratz / flickr

      Nearly half the people who took the latest state exam for aspiring attorneys failed.

      Among first time test takers, just 62-percent passed; the lowest passage percentage in at least a decade.

      Many in the legal community are blaming the sharp drop on the new way the test score is calculated.

      Marcia McBrien is a spokeswoman for the Michigan Supreme Court. The court nominates the State Board of Law Examiners (BLE), which oversees the Michigan Bar Examination.

      “The goal here is for those who pass the bar exam to have a certain level of competence and we think that’s what we’re doing,” McBrien said.

      The board changed the formula it used to score the test in February and July this year.

      Markedly more people failed both of those exams compared to previous years.

      A sketch of the man suspected of random shootings in a four-county area along I-96 in Michigan.
      MSP

      Update Thursday, November 1, 2:00 p.m.

      A series of shootings on or near I-96 has Michigan motorists thinking twice about driving the interstate.

      A police task force reports 24 confirmed shootings since October 16. Here is a summary of what we've learned since then:

      Image of the homepage for the WayPoint Academy charter school in Muskegon.
      www.4waypoint.com

      Student Count Day just took place across Michigan earlier this week. The amount of state aid a school receives is dependent on the number of students attending.

      Now we hear news about a charter school director who may have falsified student count records.

      Earlier this month it was announced the Saginaw police officers who shot and killed a homeless, mentally ill man would not face criminal charges. 49-year-old Milton Hall was killed by Saginaw Police July 1, after police say he refused to drop a knife. Six officers fired several dozen shots at Hall.

      Now we hear that some officers will be disciplined internally by the Saginaw Police Department.

      Michigan Municipal League / Flickr

      The Flint Journal reports this morning about three killings over the weekend, bring the total number of homicides to 50:

      Three homicides in as many days has brought the city's total to 50 slayings for the year.

      The latest was a shooting and hit and run that left one man dead...

      The city didn't record its 50th homicide last year until late October.

      In 2010, the city set a record for the number of homicides at 66. That's in a city with a shrinking population.

      Larry Page / wikimedia commons

      Several years ago, brothers Matt and Keegan Myers had an idea - capitalize on the love people have for the Leelanau County area by selling t-shirts, hats, coffee cups, bumper stickers, wine, and other items with the state highway M-22 logo on them.

      State highway M-22 winds through the scenic coastal areas northwest of Traverse City, and along the Sleeping Bear Dunes, Michigan's "pinkie."

      Bedbug on human skin
      Piotr Naskrecki / CDC/Harvard University

      Yesterday, 36th District Judge Cylenthia LaToye Miller cleared her courtroom after bedbugs were reportedly seen on a man sitting in the courtroom.

      Today, the Associated Press reports the court is back in session:

      Court officials say a pest control company was called in to investigate and found no evidence of the presence of bedbugs. A release called it a "false alarm."

      The man was accompanying a witness to a hearing before Miller. His daughter later said she knew there were bedbugs in her father's house.

      Miller said Thursday the evacuation was "for everybody's well-being." Her staff was sent home after Miller was unable to move her cases to another courtroom.

      MLive reports the Pastor of a church with around 750 members confessed to turning in receipts for reimbursement that were never approved.

      More from MLive:

      A fascinating story about a last second reversal by former Michigan Gov. Jennifer Granholm. At the end of her term as governor in 2010, Granholm had signed an order commuting Matthew Makowski's sentence of life without parole. Makowski was convicted of first degree murder for setting up a robbery of a co-worker in 1988. But after she was contacted by the victim's family, Granholm reversed her order. Now lawyers are arguing whether she had the authority to rescind her original order.

      There is some question on the reach of a recent U.S. Supreme Court decision that struck down automatic life-without-parole sentences for juveniles.

      Attorney General Bill Schuette’s office says it may only apply going forward and not to the 366 juvenile lifers currently serving in Michigan prisons.

      Dawn Van Hoek directs the State Appellate Defender Office, which represents some of the juvenile lifers. She disagrees and said every juvenile sentenced to life without parole should get a new hearing.

      “I think they’ve already signaled, the Supreme Court has, and, you know, you have to wonder why even bother if you’re not going to apply it to the hundreds of people who were affected nationwide by these unconstitutional laws,” said Van Hoek.

      That would also require the state to track down the families of murder victims who have a right under Michigan law to testify at sentencing hearings.

      Many little things can conspire to keep people from climbing out of poverty.

      Dustin Dwyer of Michigan Radio’s State of Opportunity project takes of look at some of them in his report, When Working Hard Doesn't Necessarily Get You Out of Poverty.

      He writes, “life is hard for people in poverty. But, … you still have no idea what it’s like to live with poverty day after day.”

      Here are three things that the average middle class person probably doesn’t worry about.

      1. "If you’ve got a college degree, and you’re on salary, would taking your daughter to school really be a major factor in losing your job?" It was for the father Dustin Dwyer spoke to in his story.
      2. Losing your kids to the foster care system, not because you do horrible things, but because you don’t have the resources.? University of Michigan law professor Vivek Sankaran says that happens more often than you'd think.
      3. Not being able to pay your parking tickets and losing your license.

      Commentary: Legislators, behaving badly?

      Jun 15, 2012

      You couldn’t say yesterday was a slow news day. We learned that Canada’s Prime Minister, Stephen Harper, would join Governor Rick Snyder today to announce the new bridge over the Detroit River.

      The Michigan House of Representatives voted to slash the state income tax over the next six years, without, however, explaining how the state is expected to pay for the services it needs.

      Michigan Finally Eyeing Changes To Lawyers For Poor

      Jun 14, 2012

      Lawyers on all sides agree the system enshrined nearly 50 years ago that gives all defendants the right to a lawyer is not working. The Justice Department calls it a crisis — such a big problem that it's been doling out grants to improve how its adversaries perform in criminal cases.

      City of Inkster

      INKSTER, Mich. (AP) - The Michigan Judicial Tenure Commission says a Detroit-area judge should lose her job and repay $81,000 for putting public money to personal and other improper uses.

      The commission announced its recommendation Tuesday after hearings on the conduct of Inkster District Judge Sylvia James.

      Investigators say James misspent at least $100,000, either for her personal use or for community projects unrelated to the court.

      The commission has sent its findings to the Michigan Supreme Court, which holds oral arguments on the case July 25 in Lansing.

      James has denied any wrongdoing, and her lawyer Sharon McPhail says James is a "hardworking judge."

      fire
      Marcus Obal / creative commons

      Some forensic science often used in police investigations is being called into question.

      PBS' Frontline did an excellent series calling out the questionable science behind many arson cases.

      In "Death by Fire" they showed how testimony from so-called fire experts led to the convictions of people for arson.

      In one case, a potentially innocent man, Cameron Todd Willingham, was put to death in Texas based on questionable fire evidence.

      Did Texas execute an innocent man?

      Several controversial death penalty cases are currently under examination in Texas and in other states, but it's the 2004 execution of Cameron Todd Willingham -- convicted for the arson deaths of his three young children -- that's now at the center of the national debate.

      Today, we hear the story of David Lee Gavitt from the Detroit Free Press. Gavitt, from Ionia, was convicted in 1986 of first-degree felony murder for the deaths of his wife and two young daughters in a house fire. He was sentenced to life in prison.

      His conviction was overturned and he was released yesterday after spending 26 years in prison.

      His first stop, the grave sites of his wife and daughters.

      "It was a very emotional scene," said David Moran, a law professor and co-founder of the Innocence Clinic at the University of Michigan Law School, which fought for the release of 54-year-old David Lee Gavitt. Moran said 15-20 of Gavitt's family members also arrived to welcome him home.

      Since Gavitt's conviction in 1986, fire science has advanced significantly. A fire science expert, John Lentini, reviewed some of the evidence in Gavitt's case for the Innocence Clinic:

      He told the clinic that the burn patterns that had caused investigators to suspect arson weren't caused by an accelerant, like gasoline, but by flashover -- a then-misunderstood phenomenon in which a closed room fills with toxic gases and bursts into flames.

      "In light of modern fire science, there is simply not one shred of credible evidence that the fire at the Gavitt residence was intentionally set," Lentini said in a 65-page affidavit the clinic presented last September to Judge Hoseth Kreeger.

      As Frontline points out, there are several arson cases around the country being reviewed. And the case of Cameron Todd Willingham has caused experts to re-examine old assumptions:

      These include assumptions about fire patterns on floors and v-shaped marks on walls, the identifying characteristics of an accelerant, and what happens to glass windows during a blaze. Gerald Hurst, who wrote a report discrediting the evidence used against Willingham in a last-minute death row appeal, declared: “One might well wonder how anyone could make so many critical errors in interpreting the evidence.”

      Flickr user alicegop

      Here's another reason to pay your parking tickets: Your driver's license could be blocked.

      A Michigan law kicking in on May 16 says three unpaid parking tickets can prevent renewal of a license. The current threshold is six.

      Local governments notify the secretary of state when someone has too many unpaid parking tickets, although some communities are more aggressive than others. Birmingham in suburban Detroit turns unpaid tickets over to a collection agency.

      (LegalJuice.com)

      The Michigan Supreme Court will hear arguments today?over? whether a?wrongful death lawsuit can proceed?against a 911 operator.????

      In 2006, a 5-year-old boy in Detroit called 911 seeking help for his mother who was unconscious. The first 911?operator who received the boy’s call?didn’t believe him?and told the boy to stop ‘playing on the phone’.??? The operator?told the boy she would send a police officer to the house, but she did not.????

      A few hours later a second 911 operator accused?the boy of playing a prank. The second 911 operator did send a police officer to the home. When the officer arrived, he discovered the boy’s?mother dead on the floor.

      The?family sued claiming wrongful death?and emotional distress.???

      The?911 operators contended they?are protected by?laws which?give?'immunity'?to local?governments. But lower state courts disagreed. The Court of Appeals?found the 911?operators engaged in?"extreme and?and?outrageous conduct" and so were not entitled?to dismissal of the lawsuit.???

      Earlier this week,?a settlement was approved between one of the 911 operators and the family. An attorney described the settlement as ‘nominal’.

      user mconnors / morgueFile

      Low-income immigrants in the Washtenaw County area will soon be able to get free legal help from the Thomas M. Cooley Law School’s Ann Arbor campus.

      Jason Eyster, an associate professor at Cooley Law School, will run the new immigrant rights clinic. He says they’ll be able to take up to six immigration cases at a time, dealing with a variety of issues:

      "In the immigration area: individuals are seeking asylum, seeking withholding of removal,? seeking cancelation of removal, or seeking clarity on what their rights may or may not be," said Eyster.

      Eyster says they’ll also help immigrants with other issues, like "foreclosure, landlord-tenant, custody issues, and that sort of thing."

      The clinic doesn't open until next month, but Eyster says they're already booked.

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