Blog Posts Tagged with Affirmative Defense

Claiming self defense when carrying a concealed weapon

by: Jason Osbourn

July 26, 2016 at 3:09 PM EDT

MCL 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 EST

The 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  In People Rocafort, an unpublished opinion, the Court held the marijuana seized by law enforcement was dried marijuana--despite having moisture--and exceeded the amount of marijuana Ms.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...