indicated that respondent, during supervised visits had trouble controlling the children. During the visits, respondent used her phone extensively to photograph the children, text on Facebook and take phone calls. 2014 Judges Gleicher, Servitto and Termination of Parental Probity. Evidence of posts on social media proved In re Lugo/Nunez, Mich App LEXIS 1536 Ronayne Krause Rights that although the respondent mother was ordered not (Aug 19, 2014) to allow the father to have any contact with the children, respondent allowed access between the father and her daughters. 2014 Mich Judges Beckering, Hoekstra Criminal (2nd Degree Relevance, Admissibility. Probable cause existed to People v Bell, App LEXIS 1465 (Aug 7, and Gleicher Murder, Felony Firearm) issue a search warrant of cell phone defendant’s 2014) records, including text messages and tracking information and the trial court properly denied motion to suppress. A text message from defendant’s the defendant to his father, which said he was going to kill the victim, was admitted into evidence. 306 Judges Wilder, Fitzgerald and Criminal (including Probity. Text messages were evidence of the date the People v Gaines, Mich App 289; 856 NW2d Markey (Opinion by Judge Criminal Sexual Conduct crime against one of the victims occurred and of 222 (2014) Wilder.) - Minors) ongoing acts by the defendant. 2014 Judges Boonstra, Meter and Criminal (Child Sexually Admissibility. Testimony about the People v Prikopa, Mich App LEXIS 1344 Servitto Abusive Material) witness/girlfriend, receiving threatening text (July 22, 2014) messages from defendant, after the witness called the police, was not a violation of MRE 404(b) - other acts evidence. The testimony challenged by defendant was not introduced for other acts, but to rehabilitate the credibility and was witness’ admissible. 2014 Judges Sawyer, Meter and PPO (Criminal Probity. The Court held that text messages were Anderson v Johnson, Mich App LEXIS 1284 Fort Hood Contempt) unauthorized contact and sufficient evidence that (July 8, 2014) appellant was in criminal contempt for violation of the terms of a PPO against him.
indicated that respondent, during supervised visits had trouble controlling the children. During the visits, respondent used her phone extensively to photograph the children, text on Facebook and take phone calls. In re Lugo/Nunez, 2014 Mich App LEXIS 1536 (Aug 19, 2014) Judges Gleicher, Servitto and Ronayne Krause Termination of Parental Rights Probity. Evidence of posts on social media proved that although the respondent mother was ordered not to allow the father to have any contact with the children, respondent allowed access between the father and her daughters. People v Bell, 2014 Mich App LEXIS 1465 (Aug 7, 2014) Judges Beckering, Hoekstra and Gleicher Criminal (2nd Degree Murder, Felony Firearm) Relevance, Admissibility. Probable cause existed to issue a search warrant of defendant’s cell phone records, including text messages and tracking information and the trial court properly denied defendant’s motion to suppress. A text message from the defendant to his father, which said he was going to kill the victim, was admitted into evidence. People v Gaines, 306 Mich App 289; 856 NW2d 222 (2014) Judges Wilder, Fitzgerald and Markey (Opinion by Judge Wilder.) Criminal (including Criminal Sexual Conduct - Minors) Probity. Text messages were evidence of the date the crime against one of the victims occurred and of ongoing acts by the defendant. People v Prikopa, 2014 Mich App LEXIS 1344 (July 22, 2014) Judges Boonstra, Meter and Servitto Criminal (Child Sexually Abusive Material) Admissibility. Testimony about the witness/girlfriend, receiving threatening text messages from defendant, after the witness called the police, was not a violation of MRE 404(b) - other acts evidence. The testimony challenged by defendant was not introduced for other acts, but to rehabilitate the witness’ credibility and was admissible. Anderson v Johnson, 2014 Mich App LEXIS 1284 (July 8, 2014) Judges Sawyer, Meter and Fort Hood PPO (Criminal Contempt) Probity. The Court held that text messages were unauthorized contact and sufficient evidence that appellant was in criminal contempt for violation of the terms of a PPO against him.
Handout-MI-social-media-cases-Jan-2014-April-201517103169_1.docx