Criminal Jurisprudence & Practice news

If you are undecided about attending the annual meeting,

1) the CLS will be offering a presentation on the recent changes to the SORA on Friday morning.

2) CJaP is also looking at the possibility of one more meeting in conjunction with recent proposed action by the Supreme Court.

2010-19 - Proposed Amendment of Subchapter 7.100 of the Michigan Court Rules
This proposal was submitted to the Court in May 2010 by the Circuit Court Appellate Rules Revision Committee. The committee was comprised of appellate practice attorneys and judges (including circuit, district, and Court of Appeals judges). It is published for comment as submitted.

Issued: June 28, 2011
Comment period expiration: October 1, 2011

Public hearing: To be scheduled

2010-13 - Proposed Amendment of Rule 6.001 of the Michigan Court Rules
The intent of this proposed amendment is to clarify that discovery, which is not allowed under subsection (B) in criminal cases cognizable in the district courts, may be allowed after indictment or information following the preliminary hearing.

Issued: June 28, 2011
Comment period expiration: October 1, 2011
Public hearing: To be scheduled

2010-14 - Proposed Adoption of New Rule 6.202 of the Michigan Court Rules (and Draft Certificate Published in Conjunction with this Order)
The intent of this proposed new rule is to create a “notice and demand” rule that would allow forensic reports to be admitted into evidence without the forensic analyst’s presence if the defendant does not object. The proposed rule is based on favorable discussion by the United States Supreme Court in Melendez-Diaz v Massachusetts, 557 US ___; 129 S Ct 2527 (2009). Although the Supreme Court struck down the Massachusetts procedure for admitting forensic evidence without attendance by the forensic analyst, it noted that some states have adopted “notice and demand” provisions that create a procedure by which forensic reports may be admitted into evidence if the defendant does not object to the report’s entry.

Issued: July 7, 2011
Comment period expiration: November 1, 2011

Public hearing: To be scheduled

2010-12 - Proposed Amendment of Rule 606 of the Michigan Rules of Evidence and Proposed Amendment of Rule 2.512 of the Michigan Court Rules
This proposal is intended to provide guidance (similar to FRE 606[b]) about the scope of inquiry that jurors may be subject to following a verdict and establish a procedure by which postverdict contact with jurors may be sought.

Issued: June 28, 2011
Comment period expiration: October 1, 2011

Public hearing: To be scheduled

3) Finally, if you need any further convincing, and congratulations to E: