Blog Archive for February 2018

Defendant Wrongly Convicted Of Both Larceny "In A Building" And Larceny "From A Person"

by: Matt Newburg

February 26, 2018 at 6:30 PM EST

While the larceny may be “from a person” or “in a building,” both cannot occur at the same time and a person cannot be convicted of both crimes, the Michigan Court of Appeals has ruled in People v Williams.

“The fact that the victim of a larceny from a person is in a building at the time of the larceny, is not sufficient to convict of larceny in a building,” the Court of Appeals held in Williams, a published (binding) decision. “Thus, although a defendant may be...

A Quick Look At Michigan's Implied Consent Law

by: Matt Newburg

February 20, 2018 at 7:52 AM EST

Michigan, like all other states, has what is called an “implied consent” law for drivers who are arrested on suspicion of drunk or drugged driving. Michigan’s law, MCL 257.625c, says that as a privilege of having a driver’s license, you give consent to a chemical test if you are lawfully arrested by an officer who has probable cause to believe that you are driving under the influence.

When it comes to implied consent, a law enforcement officer can choose whether you take a breath,...

Legislation Would Make Certain Prenuptial Agreements Unenforceable

by: Matt Newburg

February 13, 2018 at 8:24 AM EST

A legislative proposal to make Michigan prenuptial agreements unenforceable in certain circumstances has passed the state House of Representative and now awaits a vote in the Senate.

Under current Michigan law, a contract relating to property that is made between two individuals in contemplation of marriage – otherwise known as a prenuptial agreement – is enforceable after the marriage takes place. However, House Bill 4751 would make prenuptial agreements in Michigan unenforceable if...

Delta Township Couple Can Sue Eaton County Drain Commissioner Over Property Flooding

by: Matt Newburg

February 8, 2018 at 3:02 PM EST

A negligence lawsuit over constant flooding in a Delta Township subdivision is moving forward against the Eaton County Drain Commissioner, despite the county’s argument that it is not responsible for the flooding problem.

In Nakfoor v Our Savior Lutheran Church, et al., the Michigan Court of Appeals recently ruled in favor of the plaintiffs, Deb and Larry Nakfoor. The Court of Appeals rejected the Drain Commissioner’s argument that the Nakfoors’ claims should be dismissed and, instead,...