The Michigan Constitution Podcast

Latest Episodes:

Podcast 38: Right to Jury Trial (Part 3) Jul 01, 2021

Show notes

As we continue our conversation about when you have the right to a jury trial, we’ll discuss the following aspects:
-Withdrawing the request for a jury trial
-Jury of your peers and what that means
-Right to jury in administrative law matters
-Unanimous jury verdict in criminal cases

Podcast 37: Right to Jury Trial (Part 2) Jun 15, 2021

Show notes

This time we delve deeper into the right to a jury trial. Specifically, we’ll discuss…
-juvenile proceedings in child neglect cases
-interest in real property
-ejectment vs. quiet title

Podcast 36: Right to Jury Trial (Part 1) Jun 01, 2021

Show notes

The right to a jury trial is protected both in our United State Constitution, as well as our Michigan Constitution. But why is the right to a jury trial so important? Why is it imperative we protect that right, both at the federal level, as well as at the state level? There are few reasons and we’ll discuss them over the next four podcasts.

In this podcast we’re going to discuss the following matters:

-Judge influence of the jury
-Right to jury at common law
-Waiver of right to jury trial
-Judge vs. Jury decision making

Podcast 35: Right to Self-Representation (Part 2) May 15, 2021

Show notes

Now that we’ve established there are three pillars by which a judge must use to determine that an individual wishes to represent himself, the Courts go on to adopt an additional requirement, a Michigan Court Rule, to provide additional protection for BOTH the Defendant and the Judge. After all, what we can’t have is a Defendant represent himself at his trial, lose the court case, and their appeal making the allegation he had “ineffectiveness of counsel”. That would make a mockery of the entire judicial system. So, here we will conclude our conversation about when/why/how a Judge can determine that the Defendant legitimately wishes to act as his own attorney during his criminal trial.

Podcast 34: The Right to Attorney/Self-Representation (Part 1) May 01, 2021

Show notes

You have a constitutional right, both under the Michigan Constitution and the U.S. Constitution, to hire an attorney; have an attorney appointed to you if you cannot afford one; but also the right to NOT have an attorney and to represent yourself. But what sort of parameters are there for when you want to represent yourself? What about representing yourself during pre-trial hearings? Can you do that? What about representing yourself in appellate courts/litigation, is that okay? We discuss that during Part One of our two-part conversation!

Podcast 33: Habeas Corpus (Part 2) Apr 15, 2021

Show notes

Habeas Corpus is the right to a speedy trial, bond and extradition.

Podcast 32: Habeas Corpus (Part 1) Apr 01, 2021

Show notes

Habeas Corpus is the right to a speedy trial, bond and extradition.

Podcast 31: Search & Seizure (Part 5) Mar 15, 2021

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In our last podcast on Search & Seizure case law, regarding Article 1 Section 11 of the Michigan Constitution, we will discuss exigent circumstances by which a police office may AND MAY NOT conduct warrantless searches and seizures. We discuss small cases with a gun in an apartment, drugs flying at 30,000 feet across the country and how much time can elapse between a crime and a warrantless arrest.

Podcast 30: Search & Seizure (Part 4) Mar 01, 2021

Show notes

In this 30-minute podcast, we will discuss a search & seizure case which made its way through the Michigan Court of Appeals, to the Michigan Supreme Court and THEN over to the United States Supreme Court. Does the SCOTUS support and uphold the MI COA & Supreme Court? Or does Michigan get smacked down for violating both Article 1, Section 11 of the Michigan Constitution (by way of violating the 4th Amendment of the U.S. Constitution)??

Find out in this case review!

Podcast 29: Search & Seizure (Part 3) Feb 15, 2021

Show notes

Our next smattering of cases we’re going to discuss includes a United State Supreme Court case which took at look at the Michigan Constitution’s Article 1, Section 11 provision by reviewing the requirements of a homeowner to stay with the police (however, without an arrest warrant) during a search of his home for drugs.

Is it considered an ‘unreasonable seizure’ of a person to stay with the police, while they execute a search warrant of your home?

To what extent can a search warrant be issued to a police officer, based on an informant’s credibility to the police?

We’re going to address these two important cases, in greater detail, here in this podcast!

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