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RE: REMINDER: Request for E-Vote: For Criminal Jurisprudence & Practice Committee Items
I will be out of the office until Tuesday, July 5th. I will respond to your message as soon as possible.
If your message requires an immediate response, please contact the State Bar of Michigan at 517-346-6300, and a receptionist can help locate the staff member best able to assist you.
Regards,
Elizabeth
Elizabeth K. Lyon
Director, Governmental Relations
State Bar of Michigan
Michael Franck Bldg.
306 Townsend St., Lansing, MI 48933
Phone: 517/346-6325 Fax: 517/482-6248
Email: elyon@mail.michbar.org
>>> Haytham Faraj <haytham@puckettfaraj.com> 06/30/11 11:26 >>>
Carrie,
Here are my votes.
1. As to the motion regarding the proposed Amendment to Rule 2.511 of
the Michigan Court Rules, I vote: A (support)
2. With respect to HB 2647, permitting the use of two-way video
conferencing equipment for expert testimony, I vote: B (Oppose). As drafted
the Bill requires the consent of both parties OR "for good cause." I would
support the Bill if the "for good cause" language is deleted.
3. As to the Amendment requiring notification to prosecuting
attorneys, I vote: B (oppose). I see no reason to notify the prosecutor of
the parole of a prisoner. Notification is normally made before a prisoner
is up for a parole hearing. Parole boards are presumed to act competently
on all the information presented to them. Accordingly, there is no need to
provide further notice of a prisoner's parole. There is no rationale
purpose behind the legislation except to harass or unfairly interfere with a
prisoner who, through proper conduct during confinement, demonstrated that
parole is warranted.
Thank you for your continuing work in marshalling us.
Haytham Faraj
From: Carrie Sharlow [mailto:CSHARLOW@mail.michbar.org]
Sent: Thursday, June 30, 2011 10:35 AM
To: Angela Povilaitis; Julie Powell; Barry Poulson; Nichole Jongsma Derks;
Jenna Bonmarito; John Freeman; Kimberley Reed Thompson; Hon. David Hoort;
Erika Julien; Gretchen Schlaff; James Heath; Haytham Faraj; Timothy Havis;
John Jarema
Cc: Elizabeth Lyon
Subject: REMINDER: Request for E-Vote: For Criminal Jurisprudence & Practice
Committee Items
A friendly reminder to vote by end of day today.
Carrie A. Sharlow
Administrative Assistant, Governmental Relations
_____
State Bar of Michigan
Michael Franck Building
306 Townsend Street
Lansing, MI 48933
P: 517-346-6317
F: 517-482-6248
<mailto:csharlow@mail.michbar.org> csharlow@mail.michbar.org
www.michbar.org <http://www.michbar.org/>
>>> Carrie Sharlow 6/23/2011 11:21 AM >>>
Committee Members:
In the absence of a quorum at the June 16 Criminal Jurisprudence & Practice
Committee Meeting, an e-vote on matters discussed is requested. The
following motions were made and supported. All committee members are
requested to indicate their vote as A, B or C on each item by Thursday, June
30 at 4:00 pm.
Your voting choices are:
A. Support the Committee Position
B. Oppose the Committee Position
C. Abstain from Voting
1. ADM File No. 2010-11 - Proposed Amendment of Rule 2.511 of the
Michigan Court Rules
<http://courts.michigan.gov/supremecourt/Resources/Administrative/2010-11_05
-03-11_formatted%20order.pdfhttp:/courts.michigan.gov/supremecourt/Resources
/Administrative/2010-11_05-03-11_formatted%20order.pdf>
Because MCL 600.1337 requires a court to discharge an unqualified juror
regardless whether a party challenges the juror for cause, the proposed
amendment of MCR 2.511 would eliminate the provision from the list of
challenges that may be made for cause, and instead would clarify that the
discharge must be made when the court learns that the juror is not qualified
to serve. This clarification would foreclose the possibility that an
unqualified juror could be allowed to sit because no one challenged his or
her qualification.
MOTION: Support the proposed court rule but retain what was D.1 as an
alternative to excusing a juror. Keeping the good cause language would
continue to allow trial counsel to request that an unqualifed juror be
excused for cause thereby maintainging this safeguard to ensure that the
removal of unqualified jurors. The idea being that judges do not always have
available the needed information to discharge an unqualified juror or even
raise the same as a possibility.
2. HB 4647 <http://legislature.mi.gov/doc.aspx?2011-HB-4647> (Heise)
Civil procedure; evidence; expert witness testimony; allow to be presented
by video communication equipment. Amends 1961 PA 236 (MCL 600.101 -
600.9947) by adding sec. 2164a.
MOTION: Support legislation, if video communication is two-way interactive.
Also include chain of custody witnesses in witnesses allowed. The position
of the committee was that the Confrontation Clause requires two-way
interactive communication and that an exception should also be made for
chain of custody witnesses.
3. <http://legislature.mi.gov/doc.aspx?2011-HB-4703> HB 4703 (Scott)
Corrections; parole; notification to prosecuting attorney of a prisoner's
parole; revise requirements for. Amends sec. 36 of 1953 PA 232 (MCL
791.236).
MOTION: Support. The committee recognized the universal support that this
legislation has received from the examining entities.
Carrie A. Sharlow
Administrative Assistant, Governmental Relations
_____
State Bar of Michigan
Michael Franck Building
306 Townsend Street
Lansing, MI 48933
P: 517-346-6317
F: 517-482-6248
<mailto:csharlow@mail.michbar.org> csharlow@mail.michbar.org
www.michbar.org <http://www.michbar.org/>
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Consider the environment before printing.
E-mail / Fax Notice: The transmitted material is intended only for the
use of the addressee. It may contain confidential, proprietary and / or
legally privileged information. If you are not the intended recipient,
please be aware that any review, use, dissemination, distribution, or copying
of this communication, in whole or in part, is prohibited. If you received
this communication in error, please notify us immediately by e-mail reply or
by phone (800-968-1442), delete the communication and destroy any copies.
E-mail Warning: This e-mail was swept for computer viruses. However, we
cannot guarantee that the integrity of this e-mail has been maintained in
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virus contamination.
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