INSIDER
Michigan appeals court OKs new trial for mom in baby’s 2001 death
Read full article: Michigan appeals court OKs new trial for mom in baby’s 2001 deathThe Michigan appeals court says a Battle Creek woman convicted of her daughter’s death nearly 20 years ago has presented enough new evidence to get a second trial.
Judge strikes down portions of Michigan towing law
Read full article: Judge strikes down portions of Michigan towing lawDETROIT – A judge has struck down portions of a Michigan towing law as unconstitutional after low-income Detroit residents shared extraordinary stories of high fees and frustration about the whereabouts of their vehicles. The decision by U.S. District Judge Judith Levy could force changes in a law that's viewed as favorable to the towing industry. There was no maximum deadline to report a towed vehicle under the law, attorney Jason Katz said Wednesday. The law also required vehicle owners to pay any towing and storage fees before getting a court hearing to challenge a car's impoundment. While the case only involved Detroit, Levy's decision could be applied elsewhere in Michigan, Katz said.
Conviction overturned in death of Detroit child who drowned
Read full article: Conviction overturned in death of Detroit child who drownedTonya Peterson at her arraignment on July 18, 2018. (WDIV)DETROIT – The Michigan appeals court overturned the involuntary manslaughter conviction of a Detroit woman who has already served a prison sentence for the death of a child who fell through a hole and drowned. The court said Tonya Peterson’s rights were violated because a Wayne County judge gave a wrong jury instruction. In 2018, an 11-month-old child fell through a hole in the floor of Peterson's house and drowned in a flooded basement. Peterson didn't charge rent nor have a business relationship with Dasiah Jordan, whose child died, the appeals court said.
Whitmer rejects clemency for man in 1986 Port Huron murder
Read full article: Whitmer rejects clemency for man in 1986 Port Huron murderPORT HURON, Mich. – Gov. Gretchen Whitmer has turned down a request to release a man who insists he was wrongly convicted of murder in a college parking lot in Port Huron in 1986, his supporters said Monday. Whitmer spokeswoman Chelsea Parisio confirmed that Kensu's clemency request was denied. Kensu’s supporters include former U.S. Sen. Carl Levin. “It's a big blow to his supporters and justice in Michigan that this miscarriage of justice continues to live on,” Sanders said.
Disorder in the (online) court: Jason Colthorp shares story of traffic ticket hearing on Zoom
Read full article: Disorder in the (online) court: Jason Colthorp shares story of traffic ticket hearing on ZoomOriginally, I was scheduled for court via Zoom, but this time it said to report to the court. Even when someone shows up with phone records to allegedly prove they weren’t texting like the ticket says—they lose the hearing. Almost immediately, the magistrate and officer agree to reduce it to a ticket for double parking, no points and fine of $180 dollars. Colthorp, the officer did not appear, your ticket is dismissed.”(Eyes as big as saucers) “Thank you, ma’am. Also, my next great idea is going to be turning traffic court Zooms into a TV show somehow.
‘Did that happen? No.’ -- Detroit election official addresses fraud allegations
Read full article: ‘Did that happen? No.’ -- Detroit election official addresses fraud allegationsDetroit Election advisor Chris Thomas is an expert in Michigan’s elections. In 2020, he was an advisor for Detroit’s election and since Election Day, he’s been spending his time debunking claims of fraud. “That’s a marvelous thing.”He said the 2020 General Election votes are safe and the election is over. While no hard evidence has been discovered to support widespread voter fraud claims in the 2020 election, plenty of people have signed their name to sworn testimony. Trump’s lawyer Rudy Giuliani has targeted Detroit in recent weeks, despite there being no evidence of fraud in the city.
Election lawsuits pending in Detroit days before Electoral College deadline
Read full article: Election lawsuits pending in Detroit days before Electoral College deadlineDETROIT – President Donald Trump is set to hold a rally Saturday in Georgia in support of Republicans in January’s Senate runoff elections. The Electoral College deadline is Tuesday and Detroit city officials are still fending off challenges in court. Officials with the city of Detroit issued a response that read in part, “Few lawsuits breathe more lies than this one. None of them have any academic acclaim,” said Detroit Election advisor Chris Thomas. Trump’s lawyer Rudy Giuliani has targeted Detroit in recent weeks, despite there being no evidence of fraud in the city.
Evidence? Hearsay? Voter fraud claims in affidavits, explained
Read full article: Evidence? Hearsay? Voter fraud claims in affidavits, explainedDETROIT – While no hard evidence has been discovered to support widespread voter fraud claims in the 2020 election, plenty of people have signed their name to sworn testimony. Trump’s lawyer Rudy Giuliani has targeted Detroit in recent weeks, despite there being no evidence of fraud in the city. Related: Michigan AG to GOP on voter fraud evidence: ‘Put up or shut up’An earlier lawsuit was dismissed by Michigan Court of Claims Judge Cynthia Stephens who said the claims presented were hearsay. If there is none, which has been the case in Trump election lawsuits, the “finder of fact” could rule that there’s insufficient evidence to prove the plaintiffs’ claims. Related: The must-read deep dive into Michigan’s 2020 election, erroneous voter fraud claims
Michigan Legislature approves automatic expungement bills: What it means
Read full article: Michigan Legislature approves automatic expungement bills: What it meansMichigan would automatically expunge the criminal records of hundreds of thousands of residents under sweeping “clean slate” bills that received final legislative approval on Thursday. They would be eligible seven years after their misdemeanor sentence and, in the case of a felony, 10 years after their sentence or prison term, whichever occurred last. In Michigan, an expungement — or set aside — clears the public record of a conviction so it does not appear in a background check. Law enforcement still keeps a non-public record, but no longer have to disclose their past on job applications or other forms. “Making expungement cheaper, easier and available to more residents than ever before will remove the barriers that hold too many people back.”
Judge blocks Michigan’s ban on transporting voters to polls
Read full article: Judge blocks Michigan’s ban on transporting voters to pollsThe decision is significant in a state that is anticipating waves of absentee ballots this fall; about 2.3 million have already been requested. For absentee ballots to be counted, Michigan law requires them to be received by the time polls close on Election Day. “With the November election quickly approaching, voters and local clerks need certainty — and these decisions provide that,” Jarvi said. Separately, a federal judge on Thursday blocked Michigan's longstanding ban on transporting voters to the polls. “Congress implemented a statutory scheme and gave citizens the right to spend money on transporting voters to the polls,” Davis said.
Michigan school settles suit over suicide for $500,000
Read full article: Michigan school settles suit over suicide for $500,000LANSING, Mich. – A Michigan school district accused of failing to stop a teenager from being bullied settled a lawsuit over his suicide for $500,000, a newspaper reported. Michael Martin, a 13-year-old student at Lansing Everett High School, took his own life in 2019. Michael's mother, Joanna Wohlfert, said she asked school staff and a bus company for help in addressing bullying but they failed to take action. There was no immediate comment from the Lansing school district. Teachers said they noticed a change in his behavior before his death and had asked the Everett administration to intervene.
Michigan Supreme Court throws out jury tampering conviction
Read full article: Michigan Supreme Court throws out jury tampering convictionNot someone who is simply told to report for jury duty, the Michigan Supreme Court said Tuesday as it overturned the jury tampering conviction of a man in western Michigan. He told two women they could choose their conscience over the law if they were picked to serve on a jury. Wood was charged with jury tampering, under a 1955 law, and convicted of a misdemeanor. In a dissenting opinion, Justice David Viviano said the majority’s opinion was an “absurd result,” quoting from a 2015 court decision in a tampering case in Maine. Attorney David Kallman also made a free speech argument on behalf of Wood, but the court decided the case on other grounds.
Rochester teacher sentenced to at least 4 years in prison for sex with students
Read full article: Rochester teacher sentenced to at least 4 years in prison for sex with studentsROCHESTER, Mich. – A Rochester teacher charged with having sex with two of her high school students, and giving one of those students drugs, has been sentenced to at least 4 years (51 months) in prison. Kathryn Houghtaling, 26 at the time, was charged in Jan. 2019 with six counts of criminal sexual conduct in the second-degree. Houghtaling was a first-year teacher who taught special education at Rochester High School. The maximum sentence for the crimes is 15 years in prison, but it was not expected that she would be sentenced to serve above the minimum 51 months in prison. Sources say Houghtaling had sex with the boys at an apartment and one time in a car, while other students watched.