Michigan

People v. Brown, 2020 Mich. App. LEXIS 69 (MI Ct. App. 2020)

People v. Brown, 2020 Mich. App. LEXIS 69 (MI Ct. App. 2020) LOSD Summary: This case involves a murder defendant who was denied funding from the trial court for a specific expert witness on various use-of-force issues, despite the defendant’s claim of indigent status, and who then appealed that denial. The trial was paused while […]

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MI 750.81. Assault or assault and battery; penalties; previous convictions; exception; “dating relationship” defined.

§ 750.81. Assault or assault and battery; penalties; previous convictions; exception; “dating relationship” defined. MCLS § 750.81 (1) Except as otherwise provided in this section, a person who assaults or assaults and batters an individual, if no other punishment is prescribed by law, is guilty of a misdemeanor punishable by imprisonment for not more than

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MI 750.84. Assault with intent to do great bodily harm less than murder; assault by strangulation or suffocation; “strangulation or suffocation” defined; other violation out of same conduct.

§ 750.84. Assault with intent to do great bodily harm less than murder; assault by strangulation or suffocation; “strangulation or suffocation” defined; other violation out of same conduct. MCLS § 750.84 (1) A person who does either of the following is guilty of a felony punishable by imprisonment for not more than 10 years or

MI 750.84. Assault with intent to do great bodily harm less than murder; assault by strangulation or suffocation; “strangulation or suffocation” defined; other violation out of same conduct. Read More »

People v. Siwatu-Salama, 2019 Mich. App. LEXIS 4820 (MI Ct. App. 2019)

People v. Siwatu-Salama, 2019 Mich. App. LEXIS 4820 (MI Ct. App. 2019) Court of Appeals of Michigan August 20, 2019, Decided 2019 Mich. App. LEXIS 4820 PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v SIWATU-SALAMA RA, Defendant-Appellant. Opinion Before: GADOLA, P.J., and SERVITTO and REDFORD, JJ. PER CURIAM. Defendant appeals as of right her convictions

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MI 7.16a Rebuttable Presumption Regarding Fear of Death, Great Bodily Harm, or Sexual Assault

Michigan Model Criminal Jury Instructions CHAPTER 7 Defenses M Crim JI 7.16a Rebuttable Presumption Regarding Fear of Death, Great Bodily Harm, or Sexual Assault (1) If you find both that – (a) the deceased was in the process of breaking and entering a business or dwelling, or committing home invasion, or had broken into a

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MI 768.21c Use of deadly force by individual in own dwelling; "dwelling" defined. ["Castle Doctrine +"]

Michigan Compiled Laws Service Chapter 760-777 Code of Criminal Procedure (§§ 760.1 — 777.69) Act 175 of 1927 (§§ 760.1 — 777.69) Chapter VIII Trials (§§ 768.1 — 768.37) § 768.21c. Use of deadly force by individual in own dwelling; “dwelling” defined. Sec. 21c. (1) In cases in which section 2 of the self-defense act

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MI 780.974 Right to use deadly force; effect of act on common law.

Michigan Compiled Laws Service Chapter 780 Criminal Procedure (§§ 780.1 — 780.1003) Act 309 of 2006 (§§ 780.971 — 780.974) § 780.974. Right to use deadly force; effect of act on common law. Sec. 4. This act does not diminish an individual’s right to use deadly force or force other than deadly force in self-defense

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