Mich App LEXIS 772 Murray Rights indicative of substance abuse and lack respondent’s (Apr 16, 2015) of judgment. 2015 Judges Beckering, Borrello Criminal Case (2nd Probable Cause. and use of People v Lewis, Defendant’s possession Mich App LEXIS 448 and Gleicher Degree Murder; Request to send text messages was one victim’s cell phone (March 5, 2015) for Self-Representation at factor which created an inference that defendant Trial) played a role in the murder; it was enough to bind him over for trial. (However, the Court vacated the conviction and remanded for a new trial for other reasons.) Judges Boonstra, Donofrio Domestic Relations Probity.Text messages and Facebook posts used in a Demski v Petlick, et al, 2015 Mich App LEXIS and Gleicher. (Opinion by (Custody, Paternity) custody dispute, where the plaintiff/father said he 457 (March 5, 2015) Judge Boonstra; Dissent by wanted to sign off on his parental rights, were Judge Gleicher.) referenced by the Court in its opinion affirming sole legal custody to the defendant/mother. 2015 Judges Murray, Hoekstra and Criminal (Arson) Probity. Threatening text messages sent shortly People v Gunn, Mich App LEXIS 273 Wilder before a fire were allowed as evidence. However, (Feb 17, 2015) when a witness gave opinion testimony that the messages were death threats, the trial court sustained and instructed the jury to defendant’s objection disregard the challenged testimony. The Court held that the jury was properly left to determine on its own whether the text messages could be interpreted as death threats and there was no error that affected the outcome of the trial. 2015 Judges Sawyer Criminal (Criminal Probity. A text message to defendant, along with People v Vinson, O’Connell, Mich App LEXIS 270 and Markey Sexual Conduct, Armed other evidence, could be used to show that defendant (Feb 12, 2015) Robbery, Home Invasion, was in the apartment during a home victim’s etc.) invasion. 2015 Judges Murphy, Meter and Criminal (Felonious Admissibility. Since the Facebook People v Vilton, Mich App LEXIS 180 Servitto Assault, Possession of a messages/exchanges which were admitted into (Feb 3, 2015) Firearm, Felony Firearm) evidence were not in issue and were not an operative
Mich App LEXIS 772 (Apr 16, 2015) Murray Rights indicative of respondent’s substance abuse and lack of judgment. People v Lewis, 2015 Mich App LEXIS 448 (March 5, 2015) Judges Beckering, Borrello and Gleicher Criminal Case (2nd Degree Murder; Request for Self-Representation at Trial) Probable Cause. Defendant’s possession and use of victim’s cell phone to send text messages was one factor which created an inference that defendant played a role in the murder; it was enough to bind him over for trial. (However, the Court vacated the conviction and remanded for a new trial for other reasons.) Demski v Petlick, et al, 2015 Mich App LEXIS 457 (March 5, 2015) Judges Boonstra, Donofrio and Gleicher. (Opinion by Judge Boonstra; Dissent by Judge Gleicher.) Domestic Relations (Custody, Paternity) Probity.Text messages and Facebook posts used in a custody dispute, where the plaintiff/father said he wanted to sign off on his parental rights, were referenced by the Court in its opinion affirming sole legal custody to the defendant/mother. People v Gunn, 2015 Mich App LEXIS 273 (Feb 17, 2015) Judges Murray, Hoekstra and Wilder Criminal (Arson) Probity. Threatening text messages sent shortly before a fire were allowed as evidence. However, when a witness gave opinion testimony that the messages were death threats, the trial court sustained defendant’s objection and instructed the jury to disregard the challenged testimony. The Court held that the jury was properly left to determine on its own whether the text messages could be interpreted as death threats and there was no error that affected the outcome of the trial. People v Vinson, 2015 Mich App LEXIS 270 (Feb 12, 2015) Judges O’Connell, Sawyer and Markey Criminal (Criminal Sexual Conduct, Armed Robbery, Home Invasion, etc.) Probity. A text message to defendant, along with other evidence, could be used to show that defendant was in the victim’s apartment during a home invasion. People v Vilton, 2015 Mich App LEXIS 180 (Feb 3, 2015) Judges Murphy, Meter and Servitto Criminal (Felonious Assault, Possession of a Firearm, Felony Firearm) Admissibility. Since the Facebook messages/exchanges which were admitted into evidence were not in issue and were not an operative
Handout-MI-social-media-cases-Jan-2014-April-201517103169_1.docx