Blog Posts Tagged with Affirmative Defense
Claiming self defense when carrying a concealed weapon
by: Jason Osbourn
July 26, 2016 at 3:09 PM EDTMCL 750.227 makes it a felony for a person to carry a concealed weapon (CCW). The statute specifically identifies several types of weapons: pistol, dagger, dirk, stiletto, double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon. Until recently, self defense was not understood to be an available defense to CCW. People v Hernandez-Garcia, 477 Mich 1039 (2007). The jury instruction based on this and other case law made clear that it does not matter whether a person was...
Michigan Court of Appeals Decides "Drying" marijuana Issue
by: Matt Newburg
January 9, 2016 at 1:00 PM ESTThe Michigan Court of Appeals has, yet again, upheld a conviction of a Michigan Medical Marijuana Patient and Caregiver. In a 2-1 opinion, the Court addressed the meaning and consequences of marijuana that is found to be in the curing stages. In People v Rocafort, an unpublished opinion, the Court held the marijuana seized by law enforcement was dried marijuana--despite having moisture--and exceeded the amount of marijuana Ms. Rocafort could possess under the Michigan Medical...