Catchick Law

Can You get arrested for drunk driving in your own Driveway?

admin — Wed, 26 Jul 2017 22:08:53 +0000

Can you get arrested for driving drunk in your own driveway? Per a recent Michigan Supreme Court Case, the answer is YES! Northville police were investigating complaints of loud music, when they saw Mr. Rea pull his car out of, and then back into, his garage, in his own driveway. Michigan law prohibits one from operating a vehicle upon a highway or other place open to the general public or “generally accessible” to motor vehicles, including an area designated for the parking of vehicles. The Michigan Supreme Court ruled that, because Mr. Rea’s driveway was “generally accessible” to cars on the public street turning into it, he could in fact be convicted of drunk driving. Yet another reminder to have GREAT caution when getting behind the wheel.

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Woman awarded $500,000.00 in revenge porn case

admin — Mon, 29 Aug 2016 15:23:18 +0000

Are you a scorned lover thinking about posting naked pictures of your ex online? Don’t do it! An Oakland County woman was awarded $500,000.00 after her ex boyfriend created a fake gmail account to trick a photographer into sending him nude pictures the photographer had taken of the woman. The photographer mistakenly believed they were sending the nude pictures to the woman herself. After filing the lawsuit, the woman’s attorney sent a subpoena to Google requesting the internet protocol linked to the account, and the attorney confirmed the ex boyfriend registered the fake gmail account with his cell phone number. A fabulous victory against online bullies.

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Girl sues school district under ada to bring her service dog to school

admin — Wed, 29 Jun 2016 12:23:09 +0000

How much is that doggie in the window/school? The United States Supreme Court has agreed to hear the case of a 12 year old girl from Jackson, Michigan who has cerebral palsy. The girl sued the Jackson school district under the Americans with Disabilities Act, after the district prevented her from bringing her dog, a goldendoodle named “Wonder,” to school with her. The dog was specially trained to help her retrieve dropped items, open and close doors, switch on and off lights, and perform other tasks. The girl’s parents argue that the school district’s policies stood in the way of their daughter’s independence.

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East Lansing Celebration Ordinance Ruled Unconstitutional

admin — Wed, 18 May 2016 17:19:02 +0000

An East Lansing District Court Judge has ruled that an ordinance aimed at preventing fires before and after key Michigan State wins and losses is unconstitutional. Two women were arrested for simply being “near” a burning mattress, even though they were not accused of starting the fire, fueling the fire, nor encouraging others to start or fuel the fire. Judge Larkin found the ordinance unconstitutional as applied to the two women, and even on its own.

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Hundreds of mandatory-life teen defendants eligible for re-sentencing

admin — Wed, 06 Apr 2016 14:51:27 +0000

The State is wrestling with how to re-sentence hundreds of Michigan defendants who were ordered as teens to serve mandatory life in prison without parole. In 2012, the U. S. Supreme Court ruled that sentencing a person under 18 to life in prison without parole constituted cruel and unusual punishment, and local counties are now faced with the financial hardship and emotional turmoil of having to re-sentence the offenders. Supporters of the re-sentencing point to numerous scientific studies showing the inability of teen brains to consider the long-term consequences of their actions.

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Child Custody Battle to Impact Same Sex Couples

admin — Wed, 23 Mar 2016 22:03:46 +0000

A courtroom battle is brewing in Monroe County, where the legal definition of “parenthood” is at issue. A lesbian couple (Ms. Zunk and Ms. Hopps) had two children through in vitro fertilization, before same-sex marriage was legalized. The woman who was not actually impregnated by the sperm donor (Ms. Zunk) was given a limited guardianship of the children in 2011. After the couple broke up in 2014, the woman who actually carried the children in her womb (Ms. Hopps) filed a motion to terminate Ms. Zunk’s guardianship. Ms. Zunk is now trying to get custodial and parenting time rights with the children whom she has treated as her own since they were born. This case will have a huge impact on how Michigan judges handle custody disputes of same sex couples where the children were born before the Supreme Court legalized gay marriage.

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Michigan Supreme Court declines to review questionable search

admin — Mon, 04 Jan 2016 21:30:23 +0000

The Michigan Supreme Court has declined to review a Michigan Court of Appeals decision allowing Kenyon Robertson to stand Trial, despite questions about the search leading to his arrest. Back in July 2012, the Pontiac police received an anonymous tip that a “Leroy Jackson” had heroin at a local bus stop. At the time, Leroy Jackson was accompanied by Kenyon Robertson, but the tip did not mention Mr. Robertson. When the police went to arrest Leroy Jackson on an outstanding warrant, Mr. Robertson provided an incorrect I.D. card, and “acted nervous.” The police handcuffed Mr. Roberson. A police dog “alerted” on Mr. Robertson, but no drugs were found on him. After questioning, Mr. Robertson admitted that he had earlier smoked marijuana with Leroy Jackson, and based on that response, the police searched Mr. Robertson again, and this time they found heroin on him. The Court of Appeals upheld the search, even though the anonymous tip never mentioned Mr. Robertson, and even though the initial drug-dog search of Mr. Robertson revealed no drugs.

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Threats on Social Media Could Lead to a Restraining Order

admin — Mon, 07 Dec 2015 19:34:47 +0000

“Orange is the New Black” and “That 70′s Show” star Laura Prepon was granted a Restraining Order after an obsessed fan left her an Instagram audio recording stating: “Get ready, violence is coming,” and the fan posted a picture of her with the caption: “Here is a picture of Laura Prepon my Wifey and Friend,” followed by several emojis, including a knife and a gun. This case illustrates how, in the Social Media age, Judges are more willing to grant Restraining Orders even without specific, immediate threats of violence.

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Michigan’s Sentencing Guidelines ruled unconstitutional by the Michigan Supreme Court

admin — Fri, 31 Jul 2015 14:16:12 +0000

The Michigan Supreme Court has ruled that Michigan’s Sentencing Guidelines, which have been used for many years to calculate a defendant’s sentencing guideline range after they are convicted of a felony, are unconstitutional, because they improperly constrain judicial discretion. The Court stated that the Sentencing Guidelines should only be used in an advisory capacity. This decision could have a far-reaching impact on many defendants, who may attempt to appeal their sentences that were based on an unconstitutional sentencing structure.

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Is it ok to listen in if somebody accidentally butt-dials you?

admin — Fri, 24 Jul 2015 17:08:27 +0000

Do you have an expectation of privacy when you accidentally butt-dial someone? According to a Federal Appeals Court in Cincinnati, the answer is no. Back in 2013, a woman listened to a 91 minute phone call between two of her bosses, after one accidentally butt-dialed her during the two bosses’ conversation. When the bosses found out, they filed a complaint against the woman for violating the 1986 Wiretap Act. In ruling for the woman, the Federal Appeals Court compared a butt-dial to a homeowner who leaves their drapes open, but still expects passersby to not look in. The takeaway from all this? Take advantage of the latest technology and apps that prevent the dreaded butt-dialing.

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