Blog Archive for April 2018

Transitioning To A Medical Marijuana Facility Licensee? Here’s What You Need To Know

by: Matt Newburg

April 18, 2018 at 10:37 AM EDT

Not long ago, the Michigan Department of Licensing and Regulatory Affairs(LARA) established a newmedical marijuana facility licensing and regulationprogram. As such, LARA also issued an advisory bulletinsetting forth requirements for the transition from medical marijuana caregivers/patients to facility license holders and employees. 

Under the Medical Marihuana Facilities Licensing Act(MMFLA), grower and processor facility licensees must have at least two years’ experience as a...

Trial Court Can Consider Motion To Change Child’s Domicile While Appeal Is Pending

by: Matt Newburg

April 10, 2018 at 8:08 AM EDT

While an issue in a custody case is being appealed, the trial court that presided over the matter retains jurisdiction and may consider a motion to change the domicile of the child, the Michigan Supreme Court has ruled.

In Safdar v Aziz, the Supreme Court explained that the Child Custody Act – specifically MCL 722.27(1) – authorizes the trial court’s continuing jurisdiction to modify or amend its previous judgments or orders. This is an exception to the Michigan Court Rules...

Retroactive Application Of Sex Offender Registration Act Violated Defendant’s Due Process Rights

by: Matt Newburg

April 4, 2018 at 9:00 AM EDT

The Michigan Supreme Court has ruled that the state’s Sex Offender Registration Act (SORA) was unconstitutionally applied to a defendant who, at 19 years old, had pleaded guilty to sex offense under a state diversionary program.

 

The Supreme Court, in People v Temelkoski (Docket No. 150643), ordered that the Court of Appeals decision in the case be reversed, thereby reinstating the Wayne County Circuit Court ruling.

In so doing, the Supreme Court emphasized that, when prosecuting crimes, the...