Violent Crimes

Articles Posted in Violent Crimes

Michigan Court Rules on Legality of Resisting Arrest Conviction Based on Officer’s Violation of Defendant’s Constitutional Rights

April 12, 2021

Recently, a state appellate court issued an opinion in a Michigan resisting arrest case in which the defendant claimed his conviction could not stand because he was lawfully resisting a police officer’s illegal seizure. Ultimately, the court agreed with the defendant, and reversed his conviction. The Facts of the Case According to the court’s opinion, police officers received a phone call reporting a man with a gun in a trailer park. Upon the officers’ arrival, the trailer park manager explained several people were in one of the trailers who did not live in the park. One of the men, the...

Posted in: Criminal Procedure, Search and Seizure, Violent Crimes

Michigan Court Disallows Evidence of Defendant’s PTSD in Recent Homicide Case

August 26, 2020

by Michigan Defense Law

Earlier this year, a state appellate court issued a written opinion in a Michigan homicide case discussing the lower court’s decision to exclude evidence of the defendant’s post-traumatic stress disorder (PTSD). Ultimately, the court determined that the lower court properly excluded the evidence and denied the defendant’s appeal. The Facts of the Case According to the court’s opinion, the defendant was involved in an altercation with the co-owner of an after-hours club. Evidently, the two men got into an argument earlier in the evening, and witnesses heard both men saying that they would return with a gun. The victim returned...

Posted in: Murder/Homicide, Violent Crimes