The Michigan Constitution Podcast

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MI Supreme Court Case Review 10.28.2024 Oct 28, 2024

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This week only produced one noteworthy court case, but it was a good one! We see a 5-2 mash-up of Democratic and Republican nominated justices both rule in favor of, and against, the Plaintiff in the case of River Crest Catering v. the Director of the Michigan Department of Health and Human Services. This was a straggling COVID-19 case which relied upon an Executive Order limiting dine-in services to 100 people or 50% capacity [whichever was smaller] and a closure time by 11:00 p.m. At the heart of this case is whether the case was moot, the actions an unconstitutional delegation of authority and the government exceeding its legislative authority.

MI Supreme Court Case Review 9.9.2024 Sep 09, 2024

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This week the Michigan Supreme Court gave us three cases which I found quite interesting. They are as follows:

Robert J. Kennedy v. MI Secretary of State–This case dealt with what to do when a candidate for office no longer wishes to run for office and wants to have their name removed from the ballot. Was it Politics 101 that the Secretary of State engaged in or was this a legitimately within the discretion of the SOS office?
People v. Fleming–This fellow alleged he had ineffective representation of counsel when his attorney didn’t give the jury the option of a Voluntary Manslaughter conviction. However, Mr. Fleming was claiming self-defense and a voluntary manslaughter charge doesn’t gel well with a claim of self-defense.
People v. Gonzalez–The MI Supremes found that a trial court judge stepped over the line when she sentenced the Defendant to 10 – 40 years of prison time, after the Defendant refused to accept her guilt and proceed with a trial.

MI Supreme Court Case Review 8.24.2024 Aug 28, 2024

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This week the Michigan Supreme Court ruled 4-3 (4 Democrat nominated Justices, 3 Republican nominated Justices) in favor of Democrat Secretary of State and an election manual created by the Secretary of State’s office. Are contention was that the manual was in violation of Michigan Election law and should have (at a bare minimum) gone through the Michigan Administrative Procedure Act so has to have had public review and comment. This case was considered to be highly controversial because 1) The Michigan Supreme Court validated what is arguably unlawful actions taken by the SOS office; 2) It side-stepped the opportunity for the public to weigh-in on the proposed language within the manual, which changes election laws; and, 3) It was all 4 Justices nominated by the Michigan Democrats who voted en block to support the political actions of the Democrat Secretary of State.

MI Supreme Court Case Review 5.10.2024 May 10, 2024

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This week the Michigan Supreme Court ruled on one case Miller, Miller & Whitman vs. MI Department of Corrections (DOC). In a 7-0 decision, the Supremes determined that a third-party can bring a retaliatory claim, pursuant to the Michigan Civil Rights Act (MCRA) alleging they were improperly fired for being friends with a co-worker who had brought a different MCRA case against the DOC.

MI Supreme Court Case Review 5.3.2024 May 03, 2024

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This week the Michigan Supreme Court ruled on two different cases: Insurance Companies vs. the Livingston County Road Commission and Long Lake Twp. v. Todd & Heather Maxon.

The crux of the insurance companies versus the Livingston County Road Commission implicated both the Michigan Freedom of Information Act (FOIA) and Attorney-Client Privilege.

In the “Long Lake Twp” case, the Michigan Supreme Court had to determine whether or not the use of a drone over a person’s real estate, without a warrant, was an unreasonable search.

Podcast 49: Due Process (Part 2) Feb 15, 2022

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We continue our conversation of Article 1, Section 17. This time we are delving in the concept of due process.

Article 1, Section 17: No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law. The right of all individuals, firms, corporations and voluntary associations to fair and just treatment in the course of legislative and executive investigations and hearings shall not be infringed.

In this podcast we will learn:

The difference between a Personal Protection Order (PPO) and an ex-parte PPO, and what constitutional protections come along with that hearing;
Is a juvenile with developmental disabilities entitled to a competency hearing, and if so, how would the State use an adult framework in proceedings involving a minor?;
When does a photographic lineup and use of audio recordings played without the Defendant’s attorney present violated the Due Process Clause of Article 1, Section 17?
Does Due Process apply to state of Michigan employees looking for a job re-classification?

Podcast 48: Due Process (Part 1) Feb 01, 2022

Show notes

We continue our conversation of Article 1, Section 17. This time we are delving in the concept of due process.

In this podcast we will learn:

You ensure due process, you are guaranteed an impartial decisionmaker; notice of the charge or action being taken against you; a hearing which allows you the right to respond to the action being taken against you.
Does the government action being taken relate to the purpose it is seeking to accomplish? [Hint: it’s not an easy answer]
Fairness is the bedrock of due process, but what makes something ‘fair’?
Not everything is a constitutional guarantee, especially if the right is created by statute.
When does a civil action become a de facto criminal action by the government?
Does a criminal defendant as a person have a right to go to the scene of a crime if his attorney could go on behalf of a Defendant?
Trial, Re-Trials and Hung Jurys (Oh My!)

Podcast 47: Self-Incrimination (Part 2) Jan 15, 2022

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In this podcast, we will continue our conversation regarding Article 1, Section 17 and the protection against self-incrimination.

In particular, we will discuss:

Are you aware the government can (and does) use your right to not incriminate yourself, against you in court? We discuss that!
What about the business you own? Did you know that the right against self-incrimination does not apply to your own business which you own, run and operate? We discuss that too!

Podcast 46: Self-Incrimination (Part 1) Jan 01, 2022

Show notes

Article 1, Section 17 reads as follows:
“No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law. The right of all individuals, firms, corporations and voluntary associations to fair and just treatment in the course of legislative and executive investigations and hearings shall not be infringed.“

So what does that mean? In this podcast we will learn:

When is a confession considered to be an involuntary confession, which the Defendant can retract?
Can an offer of leniency be taken into account for a confession?
What happens when Defendant #1 confesses, and it implicates Defendant #2 who is fighting the criminal charge?

One-Off Podcast #4 Dec 15, 2021

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In this one-off podcast we discuss cases I want to talk about.

City of Warren v. MI State Construction Code Commission–Can the Michigan Legislature delegate is legislative making decision to an unelected board? That’s the power given to the MI Construction Code Commission when they adopt the construction codes to be used and enforced within the entire State of Michigan. But is that a power that Michigan Legislature should be required to implement?

McGoldrick v. Holiday Amusement–Is it negligent for a ski resort to place tension wires necessary for tow ropes in areas where skiers might ski into them? What level of protection does a ski resort have against personal injury lawsuits?

Richards v. Boyne USA–What level of responsibility does a ski instructor have to their “newbie” skiers? Can a skier waive their right to sue a ski resort when the skier injures themself? Does it matter if the injury was a result of the ski instructor’s negligence?

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