Toatlaw
@toatlaw.bsky.social
Public defender in Michigan, practicing in trial court, but interested in what's happening in the appellate courts. He/him.
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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...
February 10, 2026 at 3:28 PM
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In People v Jackson, the Michigan Supreme Court will consider who counts as a victim for purposes of scoring offense variable 3 (physical injury to a victim). Does it include someone who was killed in a gun fight following the sentencing offense? Case info: www.courts.michigan.gov/courts/supre...
January 29, 2026 at 3:19 PM
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Previous post, including link to briefs, etc. bsky.app/profile/toat...
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...
January 26, 2026 at 3:58 PM
Previous post, including link to briefs, etc. bsky.app/profile/toat...
The appeal raised the question of whether, in a case involving a plea deal, a sentencing court can score the guidelines for the convicted offense based on facts that would have supported the dismissed offense.
January 26, 2026 at 3:58 PM
The appeal raised the question of whether, in a case involving a plea deal, a sentencing court can score the guidelines for the convicted offense based on facts that would have supported the dismissed offense.
Yes, I noticed that too! As a colorblind person, I especially appreciated the confirmation that the blood spot was barely visible on the black denim.
January 22, 2026 at 1:20 PM
Yes, I noticed that too! As a colorblind person, I especially appreciated the confirmation that the blood spot was barely visible on the black denim.
Agreed. And after watching oral arguments, I think that's where the Court will end up. The record is unclear on what exactly went down between the assault and the gun fight. Several questions from the justices directed at trying to draw the line on what is too attenuated to count.
January 21, 2026 at 4:57 PM
Agreed. And after watching oral arguments, I think that's where the Court will end up. The record is unclear on what exactly went down between the assault and the gun fight. Several questions from the justices directed at trying to draw the line on what is too attenuated to count.
During homicide investigation, police suspected defendant (on arguably less than probable cause). He also had bench warrant for unrelated ordinance violation. After arrest, his pants were sent to forensics lab, which found a small blood spot. DNA test matched homicide victim. Any 4A problems?
January 21, 2026 at 3:12 PM
During homicide investigation, police suspected defendant (on arguably less than probable cause). He also had bench warrant for unrelated ordinance violation. After arrest, his pants were sent to forensics lab, which found a small blood spot. DNA test matched homicide victim. Any 4A problems?
The defendant assaulted a woman, who then called to family members for help. During the gun fight that followed, someone was killed. The defendant was convicted of the initial assault but he was not charged with anything connected to the gun fight. Was the deceased a victim of the initial assault?
January 21, 2026 at 2:56 PM
The defendant assaulted a woman, who then called to family members for help. During the gun fight that followed, someone was killed. The defendant was convicted of the initial assault but he was not charged with anything connected to the gun fight. Was the deceased a victim of the initial assault?
Oral arguments have started. Livestream link: michigansupremecourt.viebit.com
MSC
michigansupremecourt.viebit.com
January 21, 2026 at 2:40 PM
Oral arguments have started. Livestream link: michigansupremecourt.viebit.com
This could lead to a holding down the line that 2021 SORA imposes ex post facto punishment, although the Court expressly declines to address that question here.
December 22, 2025 at 9:28 PM
This could lead to a holding down the line that 2021 SORA imposes ex post facto punishment, although the Court expressly declines to address that question here.
This case was argued last term, and the Court ordered additional briefing. Previous thread: bsky.app/profile/toat...
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...
December 22, 2025 at 9:28 PM
This case was argued last term, and the Court ordered additional briefing. Previous thread: bsky.app/profile/toat...
So, if someone had a pre-2011 conviction for a sex offense, followed by a post-2011 conviction for violating SORA, and that conviction became final before Betts was decided in 2021, can they file a motion for relief from judgment to get their SORA conviction vacated under Betts?
December 11, 2025 at 1:45 PM
So, if someone had a pre-2011 conviction for a sex offense, followed by a post-2011 conviction for violating SORA, and that conviction became final before Betts was decided in 2021, can they file a motion for relief from judgment to get their SORA conviction vacated under Betts?