Toatlaw
@toatlaw.bsky.social
Public defender in Michigan, practicing in trial court, but interested in what's happening in the appellate courts. He/him.
Michigan's 2021 version of the Sex Offenders Registration Act is punishment, but it is not cruel or unusual, the Michigan Supreme Court holds in People v Kardasz. Opinion: www.courts.michigan.gov/siteassets/c...
December 22, 2025 at 9:28 PM
Michigan's 2021 version of the Sex Offenders Registration Act is punishment, but it is not cruel or unusual, the Michigan Supreme Court holds in People v Kardasz. Opinion: www.courts.michigan.gov/siteassets/c...
Michigan Supreme Court will hear P v Walker today. When D pleads guilty to possession of a controlled substance in exchange for dismissal of poss w/ intent to deliver charges, can evidence of intent to deliver be used to score offense variable 15? Case info: www.courts.michigan.gov/courts/supre...
December 11, 2025 at 1:54 PM
Michigan Supreme Court will hear P v Walker today. When D pleads guilty to possession of a controlled substance in exchange for dismissal of poss w/ intent to deliver charges, can evidence of intent to deliver be used to score offense variable 15? Case info: www.courts.michigan.gov/courts/supre...
The Michigan Supreme Court will hear People v Shaver this morning. Should People v Betts apply retroactively? Betts held that the 2011 version of the Sex Offenders Registration Act was ex post facto punishment for pre-2011 convictions. Case info:
www.courts.michigan.gov/courts/supre...
www.courts.michigan.gov/courts/supre...
December 11, 2025 at 1:45 PM
The Michigan Supreme Court will hear People v Shaver this morning. Should People v Betts apply retroactively? Betts held that the 2011 version of the Sex Offenders Registration Act was ex post facto punishment for pre-2011 convictions. Case info:
www.courts.michigan.gov/courts/supre...
www.courts.michigan.gov/courts/supre...
Michigan Supreme Court is again considering P v Langston this morning. When P v Aaron (1980) held that felony murder still requires proof of malice, did it err by making its holding prospective only (among other issues)? Case info: www.courts.michigan.gov/courts/supre...
December 10, 2025 at 1:29 PM
Michigan Supreme Court is again considering P v Langston this morning. When P v Aaron (1980) held that felony murder still requires proof of malice, did it err by making its holding prospective only (among other issues)? Case info: www.courts.michigan.gov/courts/supre...
Michigan Supreme Court will hear a case on confessions this morning. Was Miranda waiver knowing, voluntary, and intelligent when the defendant was restrained in a hospital room while coming down from LSD trip? P v Soriano, case info:
www.courts.michigan.gov/courts/supre...
www.courts.michigan.gov/courts/supre...
December 10, 2025 at 1:25 PM
Michigan Supreme Court will hear a case on confessions this morning. Was Miranda waiver knowing, voluntary, and intelligent when the defendant was restrained in a hospital room while coming down from LSD trip? P v Soriano, case info:
www.courts.michigan.gov/courts/supre...
www.courts.michigan.gov/courts/supre...
Today's criminal case at Michigan Supreme Court is P v Armogeda. If judge at sentencing says they would impose same sentence regardless of any scoring errors, does that preclude a remand for resentencing when sentence falls outside corrected range? Case info: www.courts.michigan.gov/courts/supre...
November 6, 2025 at 2:08 PM
Today's criminal case at Michigan Supreme Court is P v Armogeda. If judge at sentencing says they would impose same sentence regardless of any scoring errors, does that preclude a remand for resentencing when sentence falls outside corrected range? Case info: www.courts.michigan.gov/courts/supre...
Michigan Supreme Court is hearing one criminal case today, People v Joesel. Did the trial court err in not giving a manslaughter instruction, and does criminal restitution include the decedent's lost future wages? Case info: www.courts.michigan.gov/courts/supre...
November 5, 2025 at 2:26 PM
Michigan Supreme Court is hearing one criminal case today, People v Joesel. Did the trial court err in not giving a manslaughter instruction, and does criminal restitution include the decedent's lost future wages? Case info: www.courts.michigan.gov/courts/supre...
Reposted by Toatlaw
For Michigan criminal legal eagles: Whether court-ordered repayment for indigent defense is constitutional, and whether an ability to pay hearing is necessary, are questions the
Michigan Supreme Court has recently ordered briefing & argument on.
Docket link: www.courts.michigan.gov/c/courts/coa...
Michigan Supreme Court has recently ordered briefing & argument on.
Docket link: www.courts.michigan.gov/c/courts/coa...
November 1, 2025 at 10:02 PM
For Michigan criminal legal eagles: Whether court-ordered repayment for indigent defense is constitutional, and whether an ability to pay hearing is necessary, are questions the
Michigan Supreme Court has recently ordered briefing & argument on.
Docket link: www.courts.michigan.gov/c/courts/coa...
Michigan Supreme Court has recently ordered briefing & argument on.
Docket link: www.courts.michigan.gov/c/courts/coa...
The Michigan Supreme Court is hearing one criminal argument tomorrow, People v Wilkins, as part of its Community Connections program. The case involves a search of a car based on the presence of marijuana, when the occupants were both under 21.
Case info: www.courts.michigan.gov/courts/supre...
Case info: www.courts.michigan.gov/courts/supre...
October 14, 2025 at 8:51 PM
The Michigan Supreme Court is hearing one criminal argument tomorrow, People v Wilkins, as part of its Community Connections program. The case involves a search of a car based on the presence of marijuana, when the occupants were both under 21.
Case info: www.courts.michigan.gov/courts/supre...
Case info: www.courts.michigan.gov/courts/supre...
Also tomorrow, the Michigan Supreme Court will hear People v Robinson, on whether People v Peeler (holding that a judge sitting as a one-person grand jury cannot issue an indictment) should apply retroactively to cases on collateral review. Case info: www.courts.michigan.gov/courts/supre...
October 8, 2025 at 8:49 PM
Also tomorrow, the Michigan Supreme Court will hear People v Robinson, on whether People v Peeler (holding that a judge sitting as a one-person grand jury cannot issue an indictment) should apply retroactively to cases on collateral review. Case info: www.courts.michigan.gov/courts/supre...
Tomorrow, Michigan Supreme Court will hear People v Madison, asking whether to overrule People v Carpenter, which prohibited defendants from introducing evidence of diminished capacity less than legal insanity. Case info: www.courts.michigan.gov/courts/supre...
October 8, 2025 at 8:44 PM
Tomorrow, Michigan Supreme Court will hear People v Madison, asking whether to overrule People v Carpenter, which prohibited defendants from introducing evidence of diminished capacity less than legal insanity. Case info: www.courts.michigan.gov/courts/supre...
The only criminal case the Michigan Supreme Court is hearing today is People v Morgan. In a case of moving violation causing death, when is the decedent's blood-alcohol concentration admissible? Case info: www.courts.michigan.gov/courts/supre...
October 8, 2025 at 1:01 PM
The only criminal case the Michigan Supreme Court is hearing today is People v Morgan. In a case of moving violation causing death, when is the decedent's blood-alcohol concentration admissible? Case info: www.courts.michigan.gov/courts/supre...
The Michigan Supreme Court (still not on Bluesky?) hears its first oral arguments of the term this morning. Livestream info: www.courts.michigan.gov/court-livest...
First argument at 9:30 will be from the State Capitol, streamed on Michigan Senate TV.
First argument at 9:30 will be from the State Capitol, streamed on Michigan Senate TV.
October 8, 2025 at 12:25 PM
The Michigan Supreme Court (still not on Bluesky?) hears its first oral arguments of the term this morning. Livestream info: www.courts.michigan.gov/court-livest...
First argument at 9:30 will be from the State Capitol, streamed on Michigan Senate TV.
First argument at 9:30 will be from the State Capitol, streamed on Michigan Senate TV.
A cell phone search warrant lacked particularity when it specified the crime but not the date range or categories of data to be searched, Michigan Supreme Court holds in fractured opinions in P v Carson. Opinion: www.courts.michigan.gov/4a167a/sitea...
August 1, 2025 at 6:17 PM
A cell phone search warrant lacked particularity when it specified the crime but not the date range or categories of data to be searched, Michigan Supreme Court holds in fractured opinions in P v Carson. Opinion: www.courts.michigan.gov/4a167a/sitea...
Michigan Supreme Court has ordered supp briefs in P v Kardasz and P v Martin. Are the defendants subject to lifetime parole, and how does that affect constitutionality of lifetime electronic monitoring? Order in Kardasz: www.courts.michigan.gov/4a1694/sitea...
August 1, 2025 at 12:46 PM
Michigan Supreme Court has ordered supp briefs in P v Kardasz and P v Martin. Are the defendants subject to lifetime parole, and how does that affect constitutionality of lifetime electronic monitoring? Order in Kardasz: www.courts.michigan.gov/4a1694/sitea...
If trial ct doesn't make adequate record for appellate review of summary contempt finding, appropriate remedy is to vacate finding of contempt, but not to remand for nonsummary contempt proceedings, Michigan Supreme Court holds in In re Contempt of Murphy: www.courts.michigan.gov/4a1bd9/sitea...
July 31, 2025 at 8:41 PM
If trial ct doesn't make adequate record for appellate review of summary contempt finding, appropriate remedy is to vacate finding of contempt, but not to remand for nonsummary contempt proceedings, Michigan Supreme Court holds in In re Contempt of Murphy: www.courts.michigan.gov/4a1bd9/sitea...
The offense of being a prisoner in possession of a controlled substance is not a strict liability offense. The prosecution must prove the conduct was intentional, knowing, or reckless, the Michigan Supreme Court holds in People v Tadgerson. Opinion: www.courts.michigan.gov/4a123e/sitea...
July 22, 2025 at 3:23 PM
The offense of being a prisoner in possession of a controlled substance is not a strict liability offense. The prosecution must prove the conduct was intentional, knowing, or reckless, the Michigan Supreme Court holds in People v Tadgerson. Opinion: www.courts.michigan.gov/4a123e/sitea...
The Michigan Supreme Court just removed a prior-conviction element that had erroneously worked its way into Michigan's rape-shield jurisprudence. People v Masi, opinion: www.courts.michigan.gov/siteassets/c...
July 15, 2025 at 5:53 PM
The Michigan Supreme Court just removed a prior-conviction element that had erroneously worked its way into Michigan's rape-shield jurisprudence. People v Masi, opinion: www.courts.michigan.gov/siteassets/c...
If jury acquits on poss w/ intent to del and convicts on simple poss, court can't base sentence on belief that D actually intended to deliver. Trial court erred at sentencing by saying facts "show an intent to distribute." Mich Sup Ct order in P v Wells: www.courts.michigan.gov/49f996/sitea...
July 10, 2025 at 2:21 PM
If jury acquits on poss w/ intent to del and convicts on simple poss, court can't base sentence on belief that D actually intended to deliver. Trial court erred at sentencing by saying facts "show an intent to distribute." Mich Sup Ct order in P v Wells: www.courts.michigan.gov/49f996/sitea...
If a person happens to be holding drugs when arrested and does not disclose before reaching jail, that does not automatically score 25 pts for OV 19. Threat to penal institute must be decided case-by-case. Mich Sup Ct order in P v Morris remands to trial ct: www.courts.michigan.gov/49f987/sitea...
July 10, 2025 at 2:01 PM
If a person happens to be holding drugs when arrested and does not disclose before reaching jail, that does not automatically score 25 pts for OV 19. Threat to penal institute must be decided case-by-case. Mich Sup Ct order in P v Morris remands to trial ct: www.courts.michigan.gov/49f987/sitea...
The Michigan Supreme Court issues an order in P v Clinton, holding this is a civil contract dispute, not criminal larceny by conversion. The homeowner cancelled an HVAC project after work started, and the contractor didn't refund the down payment. Order: www.courts.michigan.gov/499633/sitea...
May 8, 2025 at 1:48 PM
The Michigan Supreme Court issues an order in P v Clinton, holding this is a civil contract dispute, not criminal larceny by conversion. The homeowner cancelled an HVAC project after work started, and the contractor didn't refund the down payment. Order: www.courts.michigan.gov/499633/sitea...
Michigan Supreme Court's final scheduled criminal case of the term is P v Wells. How does Beck, which bars the use of acquitted conduct at sentencing, apply when a defendant is convicted only on a lesser included offense? Case info: www.courts.michigan.gov/courts/supre...
May 7, 2025 at 1:24 PM
Michigan Supreme Court's final scheduled criminal case of the term is P v Wells. How does Beck, which bars the use of acquitted conduct at sentencing, apply when a defendant is convicted only on a lesser included offense? Case info: www.courts.michigan.gov/courts/supre...
The Michigan Supreme Court will hear a case today about double jeopardy and contempt of court. Does jeopardy attach to summary contempt proceedings, and does double jeopardy bar a new, nonsummary contempt proceeding here? In re Contempt of Murphy. Case info: www.courts.michigan.gov/courts/supre...
May 7, 2025 at 1:15 PM
The Michigan Supreme Court will hear a case today about double jeopardy and contempt of court. Does jeopardy attach to summary contempt proceedings, and does double jeopardy bar a new, nonsummary contempt proceeding here? In re Contempt of Murphy. Case info: www.courts.michigan.gov/courts/supre...
Reposted by Toatlaw
Michigan has a new Supreme Court Justice, as of today.
Governor Whitmer appointed Noah Hood, a lower court judge, to the seat of a retiring Republican justice.
This means Democratic or Democratic-nominated justices now have a majority of 6-1 on this court.
Brief thread:
Governor Whitmer appointed Noah Hood, a lower court judge, to the seat of a retiring Republican justice.
This means Democratic or Democratic-nominated justices now have a majority of 6-1 on this court.
Brief thread:
April 23, 2025 at 10:53 PM
Michigan has a new Supreme Court Justice, as of today.
Governor Whitmer appointed Noah Hood, a lower court judge, to the seat of a retiring Republican justice.
This means Democratic or Democratic-nominated justices now have a majority of 6-1 on this court.
Brief thread:
Governor Whitmer appointed Noah Hood, a lower court judge, to the seat of a retiring Republican justice.
This means Democratic or Democratic-nominated justices now have a majority of 6-1 on this court.
Brief thread:
Michigan Supreme Court today hears People v Morris, on scoring of offense variable 19 (threatening security of a penal institute) when a person is arrested while carrying drugs and does not disclose drugs until in booking area of jail. Case info: www.courts.michigan.gov/courts/supre...
April 23, 2025 at 1:03 PM
Michigan Supreme Court today hears People v Morris, on scoring of offense variable 19 (threatening security of a penal institute) when a person is arrested while carrying drugs and does not disclose drugs until in booking area of jail. Case info: www.courts.michigan.gov/courts/supre...