LexisNexis Practice Guide: Michigan Criminal Law
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The purpose of LexisNexis Practice Guide: Michigan Criminal Law is to describe the entire criminal law process in Michigan, from the initial case evaluation to appeals and appellate issues. The publication is targeted at both prosecutors and defense attorneys, as well as at anyone with an interest in criminal law in Michigan. The publication is also targeted at anyone who seeks the most recent knowledge and research on DNA testing and the use of DNA evidence at trial, regardless of jurisdiction.
Authoritative legal analysis with an expert author's practical insights, distilled from years of litigation and trial practice;
Step-by-step guidance on the many procedural issues and topics relevant to Michigan criminal practice;
Quickly points to LexisNexis resources that can help build a case;
Concise writing style and streamlined chapter format;
Many useful examples and case studies;
Abundance of checklists and Practice Tips;
Multitude of references to leading and related cases; and
A valuable guide for the experienced practitioner that is easy to use even for the novice, and for all practitioners who need to know about Michigan criminal law.
The author currently is an attorney and independent forensic science consultant specializing in DNA analysis and interpretation, forensic pathology, and forensic chemistry.
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Table of contents
CHAPTER 1 INITIAL CASE EVALUATION AND TRIAL PREPARATION STEPS
§ 1.01 Introduction
§ 1.02 Characteristics of Trial-Likely Files
§ 1.03 Police Investigation Distinguished from Legal Investigation
§ 1.04 Factual Consistency: An Internal Check
§ 1.05 Case Study One – Alleged Multiple Counts of CSC1 and CSC3
§ 1.06 Witness Interviewing Basics
§ 1.07 Initial Case Evaluation in the Age of Modern Forensics
§ 1.08 Take-Home
CHAPTER 2 ASSEMBLING A CASE FILE
§ 2.01 Introduction
§ 2.02 At All Costs, Know Your Case
§ 2.03 Prosecution Investigative Strategies
§ 2.04 Case Study Two—Alleged Multiple Counts of CSC1
§ 2.05 Defense Investigative Strategies
CHAPTER 3 WHEN IDEAS COLLIDE—FORENSIC SCIENCE TRANSFORMED IN THE INFORMATION AGE
§ 3.01 Introduction
§ 3.02 DNA: A Story of Forensic Revolution and Revelation
CHAPTER 4 A PRACTICAL APPROACH TO DNA
§ 4.01 Introduction
§ 4.02 DNA as Information
§ 4.03 The DNA Lab Report
§ 4.04 Case Study Three—Home Invasion with DNA Evidence
§ 4.05 DNA Discovery Checklist—Required DNA Discovery
§ 4.06 Case Study Four—Alleged Multiple Burglary Counts with Multiple Similar Acts
CHAPTER 5 FORENSIC PATHOLOGY AND MEDICAL FORENSICS
§ 5.01 Introduction
§ 5.02 Forensic Pathology Fundamentals
§ 5.03 Examples of Off-Label Questions for the Forensic Pathologist
§ 5.04 Question 1: How Far Away Was the Shooter when the Victim Was Shot?
§ 5.05 Question 2: Is There Anything Distinctive About the Victim's Wounds that Shed Light on the Circumstances in Which They Were Inflicted?
§ 5.06 Case Study Five—Homicide with Mutilation
§ 5.07 Question 3: Were Certain Wounds Inflicted Post- or Ante-Mortem?
§ 5.08 Question 4: How Old Was the Person in the Picture when this Alleged Child Pornography Was Photographed?
§ 5.09 Question 5: At the Time of the Vehicle Crash, Was the Deceased the Driver or the Passenger?—Case Study Six—Fatal Car Crash with Both Occupants Ejected
§ 5.10 Case Study Seven—Fatal Shooting with Conflicting Medicolegal Interpretations
§ 5.11 Case Study Eight—People v. Mark Unger—Daubert Close-Up
CHAPTER 6 MRE 702, 703 AND DAUBERT PRACTICE
§ 6.01 Introduction
§ 6.02 The Nonexclusive Daubert Criteria
§ 6.03 Peer Review and Empirical Testing
§ 6.04 Deliberate Interruption: The Evidentiary Impact of Non-Publication of Key Studies
§ 6.05 While Some Established Standards Became Obsolete
§ 6.06 Interlude—A Complex Mixture Closeup in Michigan
§ 6.07 Enter Probabilistic Genotyping
§ 6.08 Forensic Standards Abound
§ 6.09 Forensic Standards Ignored
§ 6.10 Error Rates—The New Planet Discovered
§ 6.11 Yes, Virginia, There is an Error Rate
§ 6.12 Close-up from the Trenches—Popular Legal Reaction to Proof of Lab Error
§ 6.13 International Data and Support
§ 6.14 The Unger Case Revisited
CHAPTER 7 COUNTDOWN TO TRIAL—PROSECUTION
§ 7.01 Introduction
§ 7.02 The Prosecution’s Burdens
§ 7.03 Brady v. Maryland Reminder
§ 7.04 The Prosecutor as Minister of Justice
CHAPTER 8 COUNTDOWN TO TRIAL—THE DEFENSE
§ 8.01 Introduction
§ 8.02 Tautology Number One: The Defense Is Under Attack
§ 8.03 Item 1.0
§ 8.04 Item 2.0
§ 8.05 Item 3.0
CHAPTER 9 THE TRIAL TOOLBOX
§ 9.01 Introduction
§ 9.02 Trial File Organization
CHAPTER 10 APPEAL AND APPELLATE ISSUES
§ 10.01 Introduction
§ 10.02 The Menu
§ 10.03 Analysis and Discussion
§ 11.01 Introduction
§ 11.02 The Basis of Post-Judgment Relief: MCR Chapter 6.500 and People v Cress
§ 11.03 Case Study Nine—Fatal Shooting with Only Spent Shell Casings Recovered as Evidence
§ 11.04 Thinking Outside the Box
§ 11.05 MCL 770.16
Table of Cases
Table of Statutes