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Legal News From Across The State
November 6, 2009
In The Detroit Free Press: "Supreme Court reappoints judge, names 3 others." (second article)
"A divided Michigan Supreme Court voted Thursday to renew the appointment of Wayne County Circuit Chief Judge Virgil Smith for another term, but named new chief judges in Oakland and Macomb counties. Judge Nanci Grant will assume chief judge duties in Oakland, and Judge Mark Switalski will take over administration of the court in Macomb. All three picks were made on votes of 4-3, as was the decision to name Appeals Judge William Murphy as the new chief judge for Michigan's intermediate appellate court."
http://www.freep.com/apps/pbcs.dll/article?AID=2009911060366
Also see The Macomb Daily: "Switalski named chief judge."
http://www.macombdaily.com/articles/2009/11/06/news/srv0000006768508.txt
In The Detroit News: "Supreme Court to hear arguments in heroin case." (second article)
"The Michigan Supreme Court heard arguments Thursday to determine if suspended Brighton attorney Ronald Plunkett will face two charges for causing the heroin overdose death of 22-year-old Tiffany Gregory. Plunkett's trial is on hold. He faces two charges for delivering less than 50 grams of cocaine and maintaining a drug house."
http://www.detnews.com/article/20091106/METRO04/911060378/1409/METRO/Livingston-briefs
Also see press release: "CASE OF PATIENT SHOT IN SOUTHFIELD PSYCHIATRIST’S OFFICE TO BE ARGUED BEFORE MICHIGAN SUPREME COURT TOMORROW; Gunman had been in plaintiff’s therapy group; psychiatrists’ liability at issue."
http://courts.michigan.gov/supremecourt/Press/November2009orals.pdf
In The Associated Press: "Mich. Supreme Court adopts disqualification rules."
"Michigan Supreme Court justices have adopted formal rules for stepping aside from cases if they have a conflict of interest. The rules, approved 4-3 Thursday, let justices review another justice's decision not to step aside in some cases. Justices will have to step aside if they are biased or if there is an appearance of impropriety. The court currently has an unwritten tradition of leaving it up to each justice to decide if he or she should step aside because of a conflict of interest."
http://www.mlive.com/newsflash/michigan/index.ssf?/base/national-78/125746806979800.xml&storylist=newsmichigan
Also see The Traverse City Record-Eagle: "Supreme court adopts disqualification rules."
http://www.record-eagle.com/archivesearch/local_story_310075009.html
Also see WKAR News/East Lansing: "Mich. Supreme Court adopts disqualification rules."
Click here>>
Also see One Court of Justice Blog: "MSC adopts judicial disqualification rules."
http://www.ocjblog.com/?p=3246
Also see The Chicago Tribune: "Mich. Supreme Court adopts disqualification rules."
http://www.chicagotribune.com/news/chi-ap-mi-judicialethics-ru,0,1305205.story
Also see press release: "DISQUALIFICATION PROCEDURE FOR JUSTICES, CHIEF JUDGE APPOINTMENTS FOR STATE COURTS, ARE ON AGENDA FOR NOV. 5 MICHIGAN SUPREME COURT PUBLIC ADMINISTRATIVE CONFERENCE."
http://courts.michigan.gov/supremecourt/Press/adminconference110509.pdf
Also in The Detroit News: "Judge weighing re-trial for teen convicted in 'thrill kill'."
"A judge should decide next month whether to grant a new trial to a Plymouth Township teen convicted of stabbing and beheading an acquaintance. Wayne County Circuit Judge Bruce U. Morrow said today he will decide by Thanksgiving whether Jean Pierre Orlewicz deserves a new trial because psychiatric testimony about his past was excluded during the first trial. No matter the ruling, the prosecutor and defense attorney have said they expect more appeals."
http://www.detnews.com/article/20091106/METRO/911060419/Judge-weighing-re-trial-for-teen-convicted-in--thrill-kill-
Also see The Detroit Free Press: "Man convicted in beheading waits for ruling."
http://www.freep.com/apps/pbcs.dll/article?AID=200991106019
Also see MLive.com: "Could Jean Pierre Orlewicz - Plymouth Township teen convicted in beheading - get a new trial?"
http://www.mlive.com/news/detroit/index.ssf/2009/11/could_jean_pierre_orlewicz_-_p.html
Also in The Detroit News: "Oakland fights killer's parole; Prosecutor appeals early release by state."
"The Oakland County Prosecutor's Office has appealed the early release of a convicted killer who became one of TV's 'America's Most Wanted' after crushing the skull of an alleged Pontiac hit man in September 1987. Craig LeRoy Atkins, 51, is one of at least 16 felons Prosecutor Jessica Cooper is trying to keep behind bars as she battles the state for earlier notice of prisoners being released early to help trim the state budget. On Thursday, she filed appeals to protest the release of Atkins and two other felons: Clarence Justin Aldred, 52, who beat his ex-girlfriend with a baseball bat and held her hostage in a cabin for three days; and Daniel Evan Fletcher, 44, whose sex assaults displayed "a level of brutality only seen in fictional horror films," according to prosecutors."
http://detnews.com/article/20091106/METRO02/911060392&template=printart
Also in The Detroit Free Press: "Judge allows Blackwell to travel to Canada."
"A Wayne County circuit judge ruled today that Art Blackwell II can travel to Canada, while facing criminal charges, reversing a lower court’s ruling last month. Wayne County Circuit Judge Edward Ewell issued the decision after a hearing this morning. Blackwell, 56, the former emergency financial manager of Highland Park, is accused of improperly paying himself $264,000 while he managed the city between 2005 and 2009. He was forced from office in April, and the state sued to retrieve that money. Blackwell countersued."
http://www.freep.com/article/20091106/NEWS02/91106016/1320/Judge-allows-Blackwell-to-travel-to-Canada
Also see MLive.com: "Judge reverses lower-court decision, allows embattled Art Blackwell to travel to Windsor."
http://www.mlive.com/news/detroit/index.ssf/2009/11/judge_reverses_lower-court_dec.html
Also in The Detroit Free Press: "CLINTON TOWNSHIP: Man facing charges in biting of neighbor." (second article)
A township man is scheduled to be arraigned Nov. 16 in Macomb County Circuit Court on charges that he bit a neighbor in the mouth during a dispute about returning a football. Daniel Allen, 44, who said he is HIV positive, is charged with two counts of assault and one count of unlawful possession or use of harmful devices.... 41B District Judge Linda Davis ordered Allen to undergo a blood test during a preliminary exam Monday."
Click here>>
Also in The Detroit Free Press: "Man accused of bigamy says woman knew wedding was a sham."
"A West Bloomfield man, accused by an Arizona woman of bigamy, has started testifying in Oakland County Circuit Court this morning. Eugene Pallisco, 44, a real estate agent and scrap metal businessman, is accused of marrying Lesley Keith at the Dearborn Ritz-Carlton in June 2002, even though he was married with four children. Keith reportedly eventually learned from the Oakland County Clerk’s Office that the marriage license had never been filed by the minister who oversaw the ceremony. But, this morning, Pallisco testified that the wedding was a sham and Keith knew it."
http://www.freep.com/apps/pbcs.dll/article?AID=200991106025
Also see The Oakland Press: "Woman claims husband didn't tell her of other wife."
http://www.theoaklandpress.com/articles/2009/11/06/news/cops_and_courts/doc4af408f974639266309963.txt
Also in The Detroit News: "Ex-Lion Rogers back in Sobriety Court; Former star receiver fails alcohol test; sent back to therapy."
"For the second time in nine months, court officials are using a Sobriety Court program to address former Detroit Lion Charles Rogers' problems with the law. Novi District Judge Robert Bondy on Thursday placed Rogers into the intensive program after authorities said Rogers violated his bond by testing positive for alcohol. Rogers pleaded guilty last month to operating while visibly impaired by alcohol. His sentencing had been set for Tuesday."
http://www.detnews.com/article/20091106/METRO02/911060372/1409/METRO/Ex-Lion-Rogers-back-in-Sobriety-Court
Also see The Detroit Free Press: "NOVI: Rehab to delay ex-Lion's penalty."
http://www.freep.com/apps/pbcs.dll/article?AID=2009911060354
Also see The Saginaw News: "Charles Rogers to enter sobriety program."
http://www.mlive.com/sports/saginaw/index.ssf/2009/11/charles_rogers_to_enter_sobrie.html
Also in The Detroit Free Press: "Financial info can be removed from records." (fifth article)
"County Clerk Ruth Johnson and Circuit Judge Joan Young announced the launch of a pilot program Thursday that aims to protect against identity theft. The Identity Protection Service will allow people to have financial information, including Social Security numbers, removed from their county Circuit Court files for cases originally filed before March 2006. There is no fee. Anyone interested must submit a form at the clerk's office."
http://www.freep.com/apps/pbcs.dll/article?AID=2009911060354
Also see The Oakland County Legal News: "Identity Protection Program launched."
http://www.legalnews.com/oakland/common/ShowFile.aspx?typ=editorial&FN=566582-1.html
Also in The Detroit Free Press: "Get involved: Japanese judge to give lecture at Wayne State."
"Judge Kentaro Ono of the Osaka (Japan) District Court is to be the guest lecturer for the Wayne State University Law School at 12:15 p.m. Monday. His free lecture, 'An Introduction to Japanese Criminal Procedure,' is to be presented in the third-floor faculty lounge of the Law School."
http://www.freep.com/apps/pbcs.dll/article?AID=2009911060335
Also see The Flint-Genesee County Legal News: "Wayne Law to host visiting Japanese judge for November 9 lecture."
http://www.legalnews.com/flint/common/ShowFile.aspx?typ=editorial&FN=567453-1.html
Also in The Detroit Free Press: "Lawyer Richard Tonkin widely admired."
"Retired trial lawyer Richard Tonkin garnered the respect and admiration of clients and courtroom adversaries alike, friends and former associates recalled. A partner with a Detroit law firm for nearly 40 years, Mr. Tonkin died Oct. 17 at St. John Hospital in Detroit of complications from pneumonia and a heart attack. The Harper Woods resident was 85. A memorial service is to be held Saturday at 9:30 a.m. at St. Peter's Church, 19851 Anita, Harper Woods."
http://www.freep.com/article/20091105/NEWS08/911050477/1010/Lawyer-Richard-Tonkin-widely-admired
Also in The Associated Press: "$10M gift will aid UM's $102M law school expansion."
"The University of Michigan has received a $10 million gift from a suburban Detroit developer and his wife toward the $102 million expansion of its law school. The money comes from Robert and Ann Aikens of Bloomfield Hills. Robert Aikens is a commercial real estate developer and a 1954 graduate of Michigan's law school. U.S. Supreme Court Chief Justice John Roberts spoke at the September groundbreaking for the renovation and expansion project."
http://www.mlive.com/newsflash/michigan/index.ssf?/base/national-78/1257444073166960.xml&storylist=newsmichigan
Also see The Detroit Legal News: "U-M Law School receives $10 million gift."
http://www.legalnews.com/detroit/common/ShowFile.aspx?typ=editorial&FN=568644-1.html
Also see the Lansing State Journal: "$10M gift will aid U-M's law school expansion."
http://www.lansingstatejournal.com/apps/pbcs.dll/article?AID=2009911050361
In The Detroit Legal News: "MAJ People's Law Schools educate hundreds on legal rights."
"Now in its 32nd year, Michigan Association for Justice's MAJ People's Law School program hosted two successful fall sessions recently, one in Lansing and the other in Marquette. The MAJ People's Law School is taught by judges, law professors and attorneys who specialize in their fields, including Justice Michael Cavanagh of the Michigan Supreme court and other elected officials."
http://www.legalnews.com/detroit/common/ShowFile.aspx?typ=editorial&FN=568521-1.html
Also in The Detroit Legal News: "Getting to know all about you; Judges, attorneys find time to network at social events."
"Macomb County judges have been particularly accessible in recent days thanks to an array of networking, educational and mixer events held in conjunction with the Macomb County Bar Association.... These types of events are increasingly being used by lawyers and judges to learn more about each other, a strategy that can make it easier for the two parties to work well together in court."
http://www.legalnews.com/detroit/common/ShowFile.aspx?typ=editorial&FN=568606-1.html
In The Flint Journal: "Chief judges appointed for Genesee County Courts."
"The Michigan Supreme Court appointed chief judges for the courts in Genesee County on Thursday. Genesee Circuit Court Judges Richard B. Yuille will serve as chief judge of the 7th Circuit Court, Genesee Circuit Court Judge Archie L. Hayman will head the 68th District Court, Genesee Circuit Court Judge Mark C. McCabe will head the 68th District Court and Genesee Probate Court Judge Jennie E. Barkey will serve as chief judge of the Genesee Probate Court."
http://www.mlive.com/news/flint/index.ssf/2009/11/chief_judges_appointed_for_gen.html
In The Grand Rapids Press: "Donald Johnston named chief judge for Kent County Circuit Court."
"The Michigan Supreme Court has named Judge Donald Johnston the new chief judge for Kent County Circuit Court, replacing current Chief Judge Paul Sullivan, who is stepping down from the position he has held since 2003. The chief judge sets the docket and handles management and budgetary issues.... In Ottawa County, Chief Judge Edward Post was reappointed to his leadership position."
http://www.mlive.com/news/grand-rapids/index.ssf/2009/11/donald_johnston_named_chief_ju.html
Also in The Grand Rapids Press: "Are sex-offender laws in need of reform?"
"Advocates of reforms to America's sex-offender laws no doubt will cheer a Muskegon-area man's successful effort to get his name off the state's registry. A state appeals court ruled unanimously this week that keeping the man's name on the list constituted cruel and unusual punishment. When he was 18, Robert Dipiazza engaged in a consensual sexual relationship with his 14-year-old girlfriend (whom he eventually married). A teacher who found a provocative photograph of the couple contacted authorities."
http://www.mlive.com/news/grand-rapids/index.ssf/2009/11/are_sex-offender_laws_in_need.html
Also in The Grand Rapids Press: "Kent County juvenile probation officer jailed for allegedly fighting with police outside The B.O.B."
"A Kent County juvenile probation officer who court superiors say should be a role model is in jail for allegedly fighting with police outside a downtown bar. Police said Marques Beene, 27, became belligerent early Monday when a bartender at Crush nightclub at The B.O.B. believed he was intoxicated and asked him to leave. He allegedly took a swing at a bouncer and, when police tried to arrest him outside, he hit an officer in the face, police said.... 'If the allegations prove true, obviously it's disappointing,' Kent County Circuit Court Administrator Jack Roedema said. 'It flies in the face of all the expectations of a probation officer.' "
http://www.mlive.com/news/grand-rapids/index.ssf/2009/11/kent_county_juvenile_probation.html
In The Jackson Citizen Patriot: "McBain to be chief judge of county's Circuit Court."
"The Michigan Supreme Court has named Judge John McBain chief judge of the 4th Circuit Court in Jackson County. Beginning Jan. 1, McBain will head the county's highest court for the next two years, succeeding Chad Schmucker, the Supreme Court announced on Thursday. Judge R. Darryl Mazur will continue as chief judge in the 12th District Court in Jackson."
http://www.mlive.com/news/citpat/index.ssf?/base/news-29/1257519920284740.xml&coll=3
In The Macomb County Legal News: "Does the CSI Effect exist? Study shows jurors swayed more by technology than TV."
"In recent years, courtroom dramas on television have increasingly based story lines on actual cases, according to Washtenaw County Circuit Court Judge Donald E. Shelton. And the most popular shows, he said, are those that use forensic science. 'CSI has been called the most popular television show in the world,' Shelton said Oct. 14 at the Thomas M. Cooley Law Review Fall Symposium, where he was speaking on 'CSI Effect, juror expectations for forensic science: Does reality meet the standard?' "
http://www.legalnews.com/Macomb/common/ShowFile.aspx?typ=editorial&FN=569526-1.html
In The Oakland County Legal News: " 'Removing the Mysteries of Probate Court' free seminar offered Nov. 12."
"On Thursday, Nov.12, at the Dublin Community Senior Center in White Lake, the Citizen's Alliance of the Oakland County Probate and Circuit Courts will conduct a free seminar for senior citizens and their families from 1 to 3:30 p.m. explaining the Probate Court's role in wills, estates, trusts, guardianships, and conservatorships."
http://www.legalnews.com/oakland/common/ShowFile.aspx?typ=editorial&FN=548116-1.html
November 5, 2009
In The Detroit Free Press: "Divided state court picks top county judges."
"A divided Michigan Supreme Court voted today to renew the appointment of Wayne County Circuit Court Chief Judge Virgil Smith for another term, but named new chief judges in Oakland and Macomb counties. Judge Nanci Grant will assume chief judge duties in Oakland, and Judge Mark Switalski will take over administration of the court in Macomb. All three picks were made on votes of 4-3, as was the decision to name Appeals Judge William Murphy as the new chief judge for Michigan’s intermediate appellate court."
http://www.freep.com/article/20091105/NEWS06/91105046/1001/NEWS/Divided-state-court-picks-top-county-judges
Also in The Detroit Free Press: "Court: Sex offender registry law is cruel to young lovers; Name ordered off sex offenders' list."
"Calling the punishment constitutionally cruel and unusual, a state appeals court panel Wednesday ordered removal from the state's sex offender registry the name of a man who, at 18, had consensual sexual relations with his not-quite 15-year-old girlfriend in 2004. They later married. The unanimous decision by a three-judge panel of the Court of Appeals potentially has wide implications for Michigan's Sex Offender Registry, the Internet database of convicted sex offenders."
http://www.freep.com/apps/pbcs.dll/article?AID=2009911050463
Also see The Detroit Free Press: "Don't count Romeo as a sex offender."
http://www.freep.com/apps/pbcs.dll/article?AID=2009911050391
Also see The Detroit News: "Ruling could shorten sex offender list."
http://www.detnews.com/article/20091105/METRO/911050396/1409/METRO/Ruling-could-shorten-sex-offender-list
Also see The Morning Sun/Mount Pleasant: "Man wins appeal to get name off sex offender registry."
http://www.themorningsun.com/articles/2009/11/05/news/doc4af2b6cee0f3b626774854.txt
Also see The Muskegon Chronicle: "UPDATE: State court of appeals orders man's name removed from Public Sex Offender Registry."
http://www.mlive.com/news/muskegon/index.ssf/2009/11/up.html
Also in The Detroit Free Press: "Woman takes stand in polygamy case."
"A former cocktail waitress took the witness stand today and told a judge how her fiancé, a successful West Bloomfield businessman, proposed to her at Christmas in 1999, presenting her with a two-carat diamond ring.... Two years later, she and Eugene Pallisco married in a lavish, $37,000 wedding at the Ritz-Carlton in Dearborn, Keith in a $2500 white gown. Pallisco was married to another woman at the time, and had four children. Keith, 37, who now lives in Arizona, was testifying in Oakland County Circuit court as part of her lawsuit against Pallisco."
http://www.freep.com/apps/pbcs.dll/article?AID=200991105002
In The Detroit News: "Judge orders documents turned over to defense in Jabalee case."
"A Macomb County Circuit judge Wednesday ordered prosecutors to turn over all relevant FBI documents to the defense in the case against a Clinton Township man accused in the 2006 slaying of his parents in preparation for trial. Ronald F. Jabalee, 41, is charged with first- and second-degree murder in connection with the deaths of his parents, Ronald G. and Christine Jabalee, in 2006. The Jabalees, both 58, were found beaten and stabbed to death in the garage of their New Baltimore home."
http://www.detnews.com/article/20091105/METRO03/911050389/1409/METRO/Judge-orders-documents-turned-over-to-defense-in-Jabalee-case
Also see The Detroit Free Press: "FBI expert could testify in Macomb Co. couple's killing; Son is accused in stabbing deaths."
http://www.freep.com/apps/pbcs.dll/article?AID=2009911050602
Also see The Macomb Daily: "Defense to get reports."
http://www.macombdaily.com/articles/2009/11/05/news/srv0000006760395.txt
In The Crain's Detroit Business: "Macomb trims budget, plans to lay off 6 employees."
"Macomb County will lay off six more employees and trimmed $4.9 million from its projected deficit in the upcoming 2010 budget, after its Board of Commissioners' Budget Committee on Wednesday approved another round of cuts. The committee approved recommended cuts of $2.3 million from the county circuit court budget, $2.1 million from its Health Department, $249,000 from its probate court, about $546,000 in funding for the Macomb County Juvenile Justice Center, and nearly $100,000 from its Corporation Counsel office."
http://www.crainsdetroit.com/article/20091104/FREE/911049974
In The Flint-Genesee County Legal News: "Beating the Odds; Breast cancer survivor knows value of heightened awareness."
"For the past 25 years, October has been designated as National Breast Cancer Awareness Month. But for Genesee County Probate Judge Jennie E. Barkey, the last two Octobers have held a special significance. On October 6, 2008, doctors discovered a spot on her right breast during her routine yearly mammogram examination. An MRI later that month confirmed the reading, and a biopsy was performed the day after that, confirming that cancer had invaded her body."
http://www.legalnews.com/Flint/common/ShowFile.aspx?typ=editorial&FN=566117-1.html
In The Grand Rapids Press: "Community Calendar for November 5-11."
"ANNIVERSARY DINNER: Criminal Justice Chaplaincy's 29th Anniversary Celebration will begin with a reception at 6 p.m., dinner and program to follow on Nov. 12 at Crowne Plaza Hotel, 5700 28th St. SE. Sara J. Smolenski, 63rd District Court Judge, is guest speaker."
http://www.mlive.com/news/grand-rapids/index.ssf/2009/11/community_calendar_for_novembe.html
In The Ingham County Legal News: "WLAM Mid-Michigan region honors Judge Thomas P. Boyd --Joscelyn Gorsline Stell Scholarship Recipient."
"... Judge Boyd was honored for his efforts to protect Ingham County women and children with his Fast Track for Domestic Violence. He was nominated by Nichole Derks, attorney with Foster, Swift. 'I am honored to be here,' said Judge Boyd, noting that the support of organizations such as WLAM encourages the court 'to continue with our Fast Track. There is still so much more work to be done.' "
http://www.legalnews.com/Ingham/common/ShowFile.aspx?typ=editorial&FN=567845-1.html
Also in The Ingham County Legal News: "Honorary Janet T. Neff explains use of pre-motion conferences in her court."
" 'I am pleased to talk about my pre-motion conference procedure, which I adopted after I was at a seminar with some judges from the southern and eastern districts of New York where this is a common practices,' said the Hon. Janet T. Neff, Judge, U.S. District Court, Western District of Michigan, speaking at the Federal Bar Association meeting on October 22nd. The meeting was held in the Jury room of the Federal Building in Lansing."
http://www.legalnews.com/ingham/common/ShowFile.aspx?typ=editorial&FN=567854-1.html
In The Kalamazoo Gazette: "Attorneys say Scott Baldwin wrong man convicted in 1988 murder of Earl O'Byrne."
"It took police more than 12 years to find the person eventually convicted of killing a longtime owner of a downtown Kalamazoo bicycle shop in 1988. Now, attorneys working for the Wisconsin Innocence Project say they got the wrong man. A motion filed Wednesday in Kalamazoo County Circuit Court by attorney Kathleen M. Brickley, of Kalamazoo, and Wisconsin attorney Byron Lichstein asks that the 2002 conviction of Scott Alan Baldwin be overturned. Their 35-page motion says evidence shows that another man killed Earl O’Byrne and that the key witness at Baldwin’s trial received reward money for her testimony."
http://www.mlive.com/news/kalamazoo/index.ssf/2009/11/motion_says_wrong_man_convicte.html
In the Lansing State Journal: "Man seeks to rescind guilty plea; Suspect in stabbing death now also says he wants a new lawyer."
"A Lansing-area man who pleaded guilty last month in the stabbing and slashing death of a homeless veteran wants to withdraw his plea. James Belin, 49, told Ingham County Circuit Court Judge James Giddings on Wednesday he also wants a new lawyer. Belin made his request to Giddings at an appearance that was supposed to serve as his sentencing."
http://www.lansingstatejournal.com/apps/pbcs.dll/article?AID=2009911050336
In The Macomb County Legal News: "Disqualification procedure part of court's agenda."
The process for recusing a Michigan Supreme Court justice from participating in a case is scheduled for today's agenda for the court's public administrative conference. The administrative conference will follow the court's oral arguments."
http://www.legalnews.com/macomb/common/ShowFile.aspx?typ=editorial&FN=568486-1.html
Also see press release: "DISQUALIFICATION PROCEDURE FOR JUSTICES, CHIEF JUDGE APPOINTMENTS FOR STATE COURTS, ARE ON AGENDA FOR NOV. 5 MICHIGAN SUPREME COURT PUBLIC ADMINISTRATIVE CONFERENCE."
http://courts.michigan.gov/supremecourt/Press/adminconference110509.pdf
Also in The Macomb County Legal News: "LAD presents pro bono awards."
"Legal Aid and Defender Association Inc. will present its 2009 Pro Bono Service Awards along with the new Frank D. Eaman Warrior of Justice and the Ed Pokorny Pioneer of Justice awards during LAD's 100th Anniversary Celebration at Ford Field on Friday, Nov. 6.... Featured speaker at the awards program will Michigan Supreme Court Chief Justice Marilyn Kelly."
http://www.legalnews.com/macomb/common/ShowFile.aspx?typ=editorial&FN=568492-1.html
In The Macomb Daily: "Hopefully, high bond will prevent robber's lawsuit."
The editorial states "Some may call it a legal technicality. Others could consider it justice before a jury has even heard testimony. And both, in fact, may be correct. But we'll simply say we support Macomb County Circuit Judge David Viviano, who demanded a convicted felon post a $10,000 bond to continue a civil lawsuit seeking $125,000 in damages from his intended victims in an armed robbery."
http://www.macombdaily.com/articles/2009/11/05/opinion/srv0000006751038.txt
November 4, 2009
In The Detroit Free Press: "Michigan Supreme Court justices take up doctor liability; Patient shot in '99 sued psychiatrist's estate."
"More than 10 years after an explosion of violence and death at the office of a Southfield psychiatrist, the Michigan Supreme Court heard arguments Tuesday about whether the estate of the slain psychiatrist is liable for injuries a patient suffered when a former patient shot them. Elizabeth Dawe was shot several times by Joseph Brooks Jr. while participating in a group therapy session with Dr. Reuvan Bar-Levav in June 1999."
http://www.freep.com/article/20091104/NEWS15/911040360/1008/NEWS06/Michigan-Supreme-Court-justices-take-up-doctor-liability-
Also see press release: "CASE OF PATIENT SHOT IN SOUTHFIELD PSYCHIATRIST’S OFFICE TO BE ARGUED BEFORE MICHIGAN SUPREME COURT TOMORROW; Gunman had been in plaintiff’s therapy group; psychiatrists’ liability at issue."
http://courts.michigan.gov/supremecourt/Press/November2009orals.pdf
Also in The Detroit Free Press: "Michigan court says making juvenile sex offender register is unconstitutional."
"Requiring a youthful offender convicted for having sexual relations with an underage girl in a Romeo and Juliet relationship to register as a sex offender is unconstitutionally cruel and unusual punishment, a state Court of Appeals panel has decided. The three-judge panel, in a unanimous ruling released this morning, said forcing the youth to comply with Michigan’s sex offender registry act even after he completed probation and his criminal record was expunged is unduly harsh and did not serve the interest of protecting the public."
http://www.freep.com/article/20091104/NEWS06/91104025/1008/Michigan-court-says-making-juvenile-sex-offender-register-is-unconstitutional
Also see The Detroit News: "Muskegon man wins appeal to get name off sex registry."
http://www.detnews.com/article/20091104/METRO/911040440/1361/UPDATE/Muskegon+man+wins+appeal+to+get+name+off+sex+registry
In The Detroit News: "Wayne County election results." (see Grosse Pointe Woods municipal court judge election results)
http://www.detnews.com/section/POLITICS0101
Also in The Detroit Free Press: "Incumbents are retained; renewal millage supported." (see Grosse Pointe Park municipal court judge election results)
"Voters across Wayne County cast votes in numerous city council and commission races, for city amendments and appeared to renew the only countywide ballot proposal, according to unofficial election results Tuesday."
http://www.freep.com/article/20091104/NEWS02/911040475/1004/NEWS02/Incumbents-are-retained-renewal-millage-supported
Also in The Detroit News: "Judge orders to secure documents in Jabalee case."
"A Macomb County Circuit Court judge today ordered prosecutors to secure all FBI documents relevant to the case against a Clinton Township man accused in the 2006 slaying of his parents to allow the man's attorney to prepare for trial. Judge Richard Caretti made the ruling during a pretrial hearing this morning for Ronald F. Jabalee, 41, who is charged with first- and second-degree murder in connection with the Oct. 7, 2006, death of his parents, Ronald G. and Christine Jabalee."
http://www.detnews.com/article/20091104/METRO03/911040428/1361/Judge-orders-to-secure-documents-in-Jabalee-case
Also in The Detroit News: "Judge orders Detroit to resume collecting union dues."
"Wayne County Judge Amy Hathaway has temporarily ordered the city to resume collecting union dues from about 4,500 AFSCME employees after Mayor Dave Bing canceled that provision of the contract last month. She has also ordered the union and the city to enter 'expedited arbitration' within 30 days to try to settle the dispute."
http://www.detnews.com/article/20091104/METRO01/911040432/Judge-orders-Detroit-to-resume-collecting-AFSCME-union-dues
Also in The Detroit Free Press: "Judge: Robber can sue if he ponies up."
"A judge says a man who was shot and allegedly beaten by the operators of a party store he had just robbed may continue his lawsuit against them, but only if he posts a $10,000 bond. Scott T. Zielinski is serving an 8-year prison term after being convicted of unarmed robbery in the November 2007 action at Nick’s Party Stop in Clinton Township. The 23-year-old in April sued the store, store owner John Acho and three employees including Acho’s nephew Justin Kallo, who shot Zielinski twice after the robbery."
http://www.freep.com/article/20091104/NEWS04/91104022/1006/Judge-Robber-can-sue-if-he-ponies-up
Also see The Times Herald/Port Huron: "Judge says robber can sue if he posts $10K bond."
http://www.thetimesherald.com/apps/pbcs.dll/article?AID=200991104004
Also in The Detroit Free Press: "Man, family reunited after conviction is tossed."
"Dwayne Provience stepped from the Wayne County Jail on Tuesday into a biting wind and a swarm of hugs and kisses. 'I'm just so grateful,' Provience said amid the embraces of family and friends. 'It's been so long, and today is the day. Thank you. Thank you.' Provience, 36, was freed on bond five hours after Wayne County Circuit Judge Timothy Kenny tossed out his 2001 murder conviction for the shooting of Rene Hunter in northwest Detroit."
http://www.freep.com/article/20091104/NEWS01/911040359/1003/news01/Man-family-reunited-after-conviction-is-tossed
Also see The Detroit News: "Convicted murderer freed on bond after 8 years in prison."
http://www.detnews.com/article/20091104/METRO01/911040366/1410/METRO01/Convicted-murderer-freed-on-bond-after-8-years-in-prison
Also see the Lansing State Journal: "U-M law students get conviction in murder overturned; Efforts uncover evidence, help free 36-year-old."
http://www.lansingstatejournal.com/apps/pbcs.dll/article?AID=2009911040325
Also see The Michigan Daily: "With University's Innocence Clinic help, Detroit resident freed from prison."
http://www.michigandaily.com/content/detroit-resident-forgiven-murder-conviction-help-innocence-clinic
Also in The Detroit News: "Kilpatrick lawyer claims prosecutor wrong about cash flow."
"The amount of money that allegedly flowed through bank accounts belonging to former Mayor Kwame Kilpatrick and his wife has been exaggerated by Wayne County's prosecutor, according to Kilpatrick's lawyer. Michael Alan Schwartz will argue when Kilpatrick's probation hearing continues on Nov. 17 that the prosecution last week erroneously claimed more than $1 million moved through five accounts controlled by Kilpatrick's wife, Carlita, in the past year. 'That figure is off by at least $400,000,' Schwartz said."
http://www.detnews.com/article/20091104/METRO01/911040356/1409/METRO/Kilpatrick-lawyer-claims-prosecutor-wrong-about-cash-flow
Also see The Daily Tribune/Royal Oak: "Lawyer: Ex-Detroit mayor is in wife’s ’doghouse’."
http://www.dailytribune.com/articles/2009/11/04/news/doc4af183460b743133519099.txt
Also in The Detroit News: "Macomb County expected to lay off workers in today's budget talks."
"Macomb County is scheduled to lay off more workers in budget reductions today. The county Board of Commissioners' budget committee is to meet at 2 p.m. today to review a couple of programs and six departments -- including the Circuit Court, Corporation Counsel and the Health Department -- as part of its efforts to fend off a $15.7 million 2010 budget deficit. The 2010 budget starts on Jan. 1. The committee's actions today may result in up to six layoffs and the elimination of 38 vacant positions -- all designed to save the county as much as $4.5 million, according to officials."
http://www.detnews.com/article/20091104/METRO03/911040419/1412/METRO03/Macomb-County-expected-to-lay-off-workers-in-today-s-budget-talks
Also in The Detroit News: "Michigan county bans street shout-outs to inmates; Talking via open jail window security risk, Van Buren police say."
"... County Administrator Douglas Cultra said [Sheriff Dale] Gribler and his deputies felt that the ordinance would help them to enforce appropriate behavior outside the jail, which is about 145 miles west of Detroit. Inmates caught communicating through the windows already are disciplined under jail rules and won't be punished under the ordinance.... Van Buren County Circuit Judge William C. Buhl hasn't been interrupted while in his courtroom, but said, 'I have observed -- a number of times -- people walking around the jail on the grass, yelling up at the inmates.' "
http://detnews.com/article/20091104/METRO/911040389/Michigan-county-bans-street-shout-outs-to-inmates
Also see The Detroit Free Press: "No shouting outside jail."
http://www.freep.com/apps/pbcs.dll/article?AID=2009911040339
Also in The Detroit Free Press: "Granholm warns of 20% budget cuts."
"Gov. Jennifer Granholm warned Tuesday of a possible 20% cut in state spending next year, a draconian step after billions in cuts since 2003 already have dented police and fire services, pushed schools toward insolvency and reduced oversight of prison inmates. Liz Boyd, Granholm's spokeswoman, said departments are being asked "to put together plans that reflect a 20% reduction" for the budget year that starts Oct. 1."
http://www.freep.com/article/20091104/NEWS06/911040449/1008/Granholm-warns-of-20-budget-cuts
Also see the Lansing State Journal: "State warned 20% cut might be next; Granholm asks departments to plan for worst."
http://www.lansingstatejournal.com/apps/pbcs.dll/article?AID=2009911040351
In The Argus-Press/Owosso: "State appeals court overturns woman's drunk driving conviction."
"The Michigan Court of Appeals recently overturned a Shiawassee County woman's 2008 conviction for operating a vehicle while intoxicated because of an error in court procedure. Kelly Kay Timmer's conviction stemmed from her arrest in February 2008 when, according to the court opinion, a witness called the police after observing a truck driving erratically near Laingsburg."
http://www.argus-press.com/articles/2009/11/02/news/news1.txt
In The Daily Tribune/Royal Oak: "Charges reinstated against former prosecutor."
"The state's Attorney Discipline Board has reinstated misconduct charges against former Oakland County Prosecutor David Gorcyca, who is accused of making statements that may have prejudiced a sexual assault case. The Michigan Attorney Grievance Commission filed a professional misconduct complaint against Gorcyca alleging he made comments that could have prejudiced the legal proceedings of James Perry, a kindergarten teacher in Oak Park who was accused of molesting two boys. Charges against Perry were eventually dropped."
http://www.dailytribune.com/articles/2009/11/04/news/srv0000006754687.txt
Also see The Macomb Daily: "Charges reinstated against ex-prosecutor."
http://www.macombdaily.com/articles/2009/11/04/news/srv0000006753409.txt
Also see The Oakland Press: "Misconduct charges reinstated against former prosecutor."
http://www.theoaklandpress.com/articles/2009/11/04/news/cops_and_courts/doc4af10b889380c389756225.txt
In The Daily Telegram/Adrian: "Dome done, chimneys next for courthouse."
"A few days of dry weather are all that is needed to wrap up repairs and painting on the Lenawee County Courthouse tower, according to a contractor doing the renovation work. A goal of wrapping up work on the 125-year-old building by Oct. 24 has been reset for later in November, said Douglas Creger of Hudson-based Creger Construction. Once the dome and tower are finished he will return to rebuilding two brick chimneys."
http://www.lenconnect.com/news/x896783910/Dome-done-chimneys-next-for-courthouse
In The Detroit Legal News: "Disqualification procedure part of high court's agenda."
"The process for recusing a Michigan Supreme Court justice from participating in a case will be on the agenda for the Court's public administrative conference on November 5. The administrative conference will follow the Court's oral arguments, which begin at 9:30 a.m."
http://www.legalnews.com/detroit/common/ShowFile.aspx?typ=editorial&FN=566489-1.html
Also see press release: "DISQUALIFICATION PROCEDURE FOR JUSTICES, CHIEF JUDGE APPOINTMENTS FOR STATE COURTS, ARE ON AGENDA FOR NOV. 5 MICHIGAN SUPREME COURT PUBLIC ADMINISTRATIVE CONFERENCE."
http://courts.michigan.gov/supremecourt/Press/adminconference110509.pdf
Also in The Detroit Legal News: "On the road again; Supreme Court connects with community at campus."
"The state Supreme Court took its 'show on the road' last week as part of a Court Community Connections outreach effort designed to appeal to a student audience. Fittingly, an academic setting served as the venue for the seven-member Supreme Court to hear oral arguments in Woodman v. Kera, a case revolving around the issue of whether a liability waiver signed by a parent on behalf of his child was 'valid and enforceable.' The Auburn Hills campus of Cooley Law School hosted the Supreme Court Oct. 28, simulcasting the oral arguments to Cooley's other sites in Lansing, Grand Rapids, and Ann Arbor."
http://www.legalnews.com/detroit/common/ShowFile.aspx?typ=editorial&FN=566371-1.html
Also see Thomas M. Cooley Law School: "Michigan Supreme Court Hearing to be Held at Cooley Law School Auburn Hills Campus." (see photo gallery)
http://www.cooley.edu/newsevents/index.htm
Also see press release: "WHETHER PARENTS CAN WAIVE CHILDREN’S LEGAL CLAIMS AT ISSUE IN OCTOBER 28 ORAL ARGUMENT BEFORE MICHIGAN SUPREME COURT; HEARING TO BE HELD AT COOLEY LAW SCHOOL AUBURN HILLS CAMPUS ; Pontiac High School students will attend, study case with help from local judges and lawyers; oral argument to be simulcast to Cooley campuses in Lansing and Grand Rapids for local high school students’ viewing."
http://courts.michigan.gov/supremecourt/Press/October28AuburnHillsoral.pdf
In The Grand Rapids Legal News: "Teen Court benefits felt by all."
"The result of Grand Rapids' first Teen Court experience on Oct. 23 is that a number of people feel a whole lot of hope and encouragement. Teen courts are a new but widespread tradition, with the central support organization, National Association of Youth Courts (NAYC), established by the Office of Juvenile Justice and Delinquency Prevention Office of Justice Programs in the U.S. Department of Justice. There are hundreds of youth courts, teen courts, peer courts and student courts across the nation."
http://www.legalnews.com/GrandRapids/common/ShowFile.aspx?typ=editorial&FN=566574-1.html
In The Jackson Citizen Patriot: "Woman who robbed her father-in-law gets at least a year in prison."
"Circuit Judge Chad Schmucker on Tuesday sentenced a woman who robbed her father-in-law of money for crack to at least 12 months in prison. Schmucker went below the state-recommended guidelines of at least six years, nine months in prison by sending Deloris Bowman, 55, to prison for one to 10 years for armed robbery. He said he did so because she has serious mental health and substance abuse problems and with older offenders, the chance of recidivism decreases."
http://www.mlive.com/news/jackson/index.ssf/2009/11/woman_who_robbed_her_father-in.html
In The Kalamazoo Gazette: "Speakers to focus on racism and law."
"Racism and the law is the topic of a discussion to be held Nov. 12 at Kalamazoo College. Michael Halpert, who has spent two years with Legal Aid of New York City, will talk about racism he said he has witnessed in courts and by police there. Local speakers are expected to present points of view on racism and how it is addressed by local courts and police."
http://www.mlive.com/news/kalamazoo/index.ssf/2009/11/speakers_to_focus_on_racism_an.html
In The Ludington Daily News: "Following in his father’s footsteps; Judge presides over son’s swearing in to state bar."
"Following the footsteps of his father and grandfather, Craig Cooper was sworn in as a new lawyer Friday afternoon at the Mason County Court House. Presiding over the ceremony was his father, 51st Circuit Court Judge Richard I. Cooper.... Craig also worked as a legal extern in 51st Circuit Court in Mason and Lake counties in 2007, and as a legal extern for the State of Michigan Court of Appeals and State of Michigan Tax Tribunal in 2008."
http://www.ludingtondailynews.com/news.php?story_id=46411
In The Macomb Daily: "City may be liable in mishap."
"The city of Sterling Heights could be liable for injuries suffered by a now 19-year-old man who fell out of a shuttle trailer transporting people during the 2005 Sterlingfest. The state Court of Appeals on Thursday ruled against the city in its attempt to terminate the lawsuit of Richard Yousif, meaning the case next will return to Macomb County Circuit Court for trial or settlement, unless the city appeals to the state Supreme Court."
http://www.macombdaily.com/articles/2009/11/04/news/srv0000006753739.txt
Also in The Macomb Daily: "Sterling Heights groups, students to honor vets."
"A Veterans Day Ceremony will be held at 11 a.m. Wednesday, Nov. 11 in the Sterling Heights Parks and Recreation Center, 40620 Utica Road. The ceremony includes performances from a vocalist and bugler and remarks from veterans and 41A District Chief Judge Steve Siewarski."
http://www.macombdaily.com/articles/2009/11/04/news/srv0000006752374.txt
In The Midland Daily News: "Panel: No easy answers for policing high-crime, ethnic neighborhoods."
"A panel of law enforcement experts gathered at Delta College on Tuesday evening to discuss the role that race plays in our courts and in the policing of our neighborhoods.... The debate, called 'Race and the American Legal System,' featured Bill Street, a Saginaw civil rights attorney; Gerald Cliff, Saginaw chief of police; M.T. Thompson, Jr., Saginaw County district court judge; and Yvonne Brantley, a Michigan State Police trooper with the Bay City Post, in the auditorium at Delta."
http://www.ourmidland.com/articles/2009/11/04/local_news/2200025.txt
In The MLive.com: " 'Tales from the Circuit Court' Exhibit."
"Venue: Herbert D. Doan Midland County History Center. Address: 3417 W. Main Midland, MI 48640. Description: featuring the history of the buildings used for local legal proceedings and stories of those who filled the courtrooms and hallways."
http://www.mlive.com/events/index.ssf/event/tales-from-the-circuit-court-exhibit/117982/2009-10-16
In The Morning Sun/Mount Pleasant: "LETTER: Cost shouldn't be the only factor."
Michael Williams writes "The reality is that Sen. Bill Hardiman, R-Kentwood, and Rep. Dudley Spade, D-Tipton, designed the state Department of Human Services budget to put Michigan's 19,000 kids in the state's care first, despite massive financial challenges. It's unfortunate several mid-Michigan judges failed to recognize that and pushed for a veto that will set back these efforts. We need to improve and preserve programs that provide care to abused or neglected children and give caseworkers and judges more freedom to select the best program to fit a child's needs."
http://www.themorningsun.com/articles/2009/11/04/opinion/doc4af16d75f3463498462805.txt
In The Oakland County Legal News: "Women's Mentoring Panel offered at WSU Law School, Nov. 11."
"The Student Outreach Committee and the Career Services Office at Wayne State University Law School will offer the third annual Women's Mentoring Panel on Wednesday, Nov. 11, at noon in the Barris Lounge at the Law School, 471 West Palmer Street, in Detroit. Panelists include Wayne Law alumni: Judge Connie Marie Kelley, '81, Third Judicial Circuit Court."
http://www.legalnews.com/oakland/common/ShowFile.aspx?typ=editorial&FN=560170-1.html
In The Traverse City Record-Eagle: "Grand jury led charges in Avery case."
"Anne Avery-Miller was indicted by a one-man grand jury consisting of 13th Circuit Court Judge Philip E. Rodgers. Grand juries can subpoena and compel testimony from potential witnesses in a case, so prosecutors often use them if police have witnesses that won't cooperate. Grand jury proceedings work much like a trial, except they're closed to the public and defense attorneys don't cross-examine witnesses. If an indictment is issued, proceedings continue much like they would if a prosecutor issues a criminal charge."
http://www.record-eagle.com/local/local_story_308065505.html
Also see The Traverse City Record-Eagle: "Elk Rapids reacts to murder charge."
http://www.record-eagle.com/local/local_story_307182511.html
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