1 STATE OF MICHIGAN IN THE SUPREME COURT PEOPLE OF THE STATE OF MICHIGAN Plaintiff-Appellee Supreme Court No V SHAWQUANDA BOROM Court of Appeals No Lower Court No Defendanl-Appellant. WAYNE COUNTY PROSECUTOR Attorney for Plain tiff-appellee VALERIE R, NEWMAN (P47291) JESSICA L. ZIMBLEMAN (72042) Attorney for Defendant-Appellant BRIEF OF AMICUS CURIAE CRIMINAL DEFENSE ATTORNEYS OF MICHIGAN James S.Brady (PI 1110) Dykema Gossett PLLC 300 Ottawa Avenue, N.W., Suite 700 Grand Rapids, Michigan (616) Attorney for Amicus Curiae Criminal Defense Attorneys of Michigan KOYSTER SUPREME.
2 INTEREST OF THE AMICUS Criminal Defense Attorneys of Michigan (CDAM) was founded in 1976 and is a statewide association of criminal defense lawyers practicing in the trial and appellate courts in Michigan. CDAM represents the interests of the state's criminal defense bar in a wide array of matters. CDAM has a strong and direct institutional interest in this litigation because of the implications of this case on the rights of all accused Michigan citizens to not face trial on a theory of accomplice liability tliat is not supported by Michigan law. By its bylaws, CDAM exists to, inter cilia, "promote expertise in the area of criminal law, constitutional law and procedure and to improve trial, administrative and appellate advocacy, ''provide superior training for persons engaged in criminal defense," "educate the bench, bar and public of the need for quality and integrity in defense ser\'ices and representation," and "guard against erosion of the rights and privileges guaranteed by the United States and Michigan Constitutions and laws." To further its goals, CDAM conducts two different 2 1/2 day training conferences a year for criminal defense attorneys, conducts a 5-day Trial College in partnership with the Thomas M. Cooley Law School, provides information to the Michigan legislature regarding contemplated changes of laws, and participates as an amicus curiae in litigation relevant to CDAM's interests. As in this case, CDAM is often invited to file briefs amicus curiae by the Michigan appellate courts. The Michigan Supreme Court has given CDAM permission to file as amicus curiae without seeking leave of that Court. MCL 7.306(D)(2).
3 TABLE OF CONTENTS Page INTEREST OF THE AMICUS TABLE OF AUTHORITIES STATEMENT OF QUESTION PRESENTED...;, ii iv vi STATEMENT OF FACTS, ; ;, vii I. WHERE THE DEFENDANT FAILED TO ACT ACCORDING TO A LEGAL DUTY, BUT PROVIDED NO OTHER FORMS OF ASSISTANCE TO THE PERPETRATOR OF THE CRIME, AIDING AND ABETTING UNDER MCL CANNOT BE PROVEN, AS SO FINDING WOULD UNDULY EXPAND ACCOMPLICE CULPABILITY BEYOND WHAT THE LEGISLATURE INTENDED OR THE STATUTE OTHERWISE ALLOWS I Issue Preservation.....:...:;...;...; 1 Standard of Review..;.-..;, Discussion I A. Expanding the Scope of MCL to Reach Those Who Fail to Act According To a Legal Duty Could Expose Teachers, Physicians, Dentists, Clergy, and a Host of Others to Accomplice Culpability For Failure to Report Another's Child Abuse 2 B. This Court Should Not Expand Accomplice Liability Under MCL When Omissions are Punishable Under Separate S t a t u t e s : 5 SUMMARY AND RELIEF ^. 8 m
4 TABLE OF AUTHORITIES Page(s) Cases Doe V Doe, 289 Mich. App. 211, 809 N.W.2d 163 (2010) 3 Lash V Traverse City, 479 Mich 180, 735 NW2d 628 (2007)...,, 7, 8 People V Carter, 415 Mich. 558; 330 NW2d 314 (1982) 4 People V Moore, 470 Mich 56; 679 NW2d 41 (2004) 1 People V Penn, 70 Mich App 638, 247 NW2d 575 (1976) -. 4 People V. Plunkett, 485 Mich 50, 780 NW2d 280 (2010) :.4 People V. Robinson, 475 Mich 1; 715 NW2d 44 (2006) 4 People V. Todd, 196 Mich App NW2d 521 (1992) vacated on other grounds, 441 Mich 922 (1993)..7 State V. Jackson, 976 P2d 1229 (Wash 1999),5, 6 Sullivan v. Louisiana, 508 US 275 (1993) ; 7 Statutes MCL (2)(a).v 4 MCL ei seq ; MCL v.; 2,3 MCL , 2.3,7 MCL b...:.. 2 iv
6 STATEMENT OF QUESTION PRESENTED I. WHERE THE DEFENDANT FAILED TO ACT ACCORDING TO A LEGAL DUTY, BUT PROVIDED NO OTHER FORMS OF ASSISTANCE TO THE PERPETRATOR OF THE CRIME IS IT LEGALLY IMPOSSIBLE TO CONVICT UNDER AN AIDING AND ABETTING THEORY UNDER MCL WHERE THE PLAIN LANGUAGE OF THE STATUTE REQUIRES AFFIRMATIVE ACTION? Court of Appeals answers "No". Defendant-Appellant answers "Yes". Amicus Curiae answers "Yes". VI
7 STATEMENT OF FACTS Amicus Curiae Criminal Defense Attorneys of Michigan hereby adopts the Statement of Facts presented by Defendant-Appellant Shawquanda Borom in her Supplemental Brief on Appeal in this action. Vll
8 I. WHERE THE DEFENDANT FAILED TO ACT ACCORDING TO A LEGAL DUTY, BUT PROVIDED NO OTHER FORMS OF ASSISTANCE TO THE PERPETRATOR OF THE CRIME, AIDING AND ABETTING UNDER MCL CANNOT BE PROVEN, AS SO FINDING WOULD UNDULY EXPAND ACCOMPLICE CULPABILITY BEYOND WHAT THE LEGISLATURE INTENDED OR THE STATUTE OTHERWISE ALLOWS. Issue Preservation Amicus Curiae Criminal Defense Attorneys of Michigan hereby adopts the statement of Issue Preservation presented by Defendant-Appellant Shawquanda Borom in her Supplemental Brief on Appeal in this action. Standard of Review The interpretation of statutes is a question of law and is reviewed de novo. People v Moore, 470 Mich 56, 61; 679 NW2d 41 (2004). Discussion In this case, the Wayne County Prosecutor seeks to use accomplice liability under Michigan's aiding and abetting statute, MCL , to provide a harsher penalty for an alleged omission already addressed by a separate statute. This strained reading of MCL conflicts with the plain language of Michigan's aiding and abetting statute, which has been interpreted by this Court to require an affirmative act. In proceeding under this admittedly novel theory, the prosecutor asks this Court to blur a hard line recognized in Michigan law that accomplice liability requires affirmative action and intent. Expanding aider-and-abcttor culpability under MCL to include those who fail to act according to a legal duty will have far-reaching and perverse consequences, Michigan has defined by statute a large collection of persons and relationships that confer a legal duty to affirmatively act, and the legislature has further set concrete but limited criminal penalties for failure to follow those duties. The criminal exposure for those who fail to act should be limited to the punishment set foith in the statute creating the duly. For example, a teacher's omission by
9 failing to immediately report suspected child abuse, as required by MCL , is punishable by imprisonment up to 93 days and a tine up to $500. MCL A teacher who is guilty of such an omission should not be doubly and shockingly more severely as punished as an aider and abettor for a failure to act according to the duty, and thereby possibly subjected to life imprisonment as an accomplice to first-degree child abuse. MCL b(2). hi the face of the legislature's clear directive of how omissions should be treated under MCL b (as seconddegree child abuse) and MCL el seq. (as misdemeanor failure to report suspected child abuse), this Court should not allow the prosecutor to broadly expand culpability by rc-forming MCL to equate failure to act according to a legal duty with aiding and abetting. A. Expanding the Scope of MCL to Reach Those Who Fail to Act According To a Legal Duty Could Expose Teachers, Physicians, Dentists, Clergy, and a Host of Others to Accomplice Culpability For Failure to Report Another's Child Abuse. Michigan law confers a duty to act in response to suspected child abuse on a number of persons. Specifically, the following thirty classes of persons have an affirmative duty to orally report child abuse immediately, and follow up with a wi'itten report no later than seventy-two hours thereafter: Physiciajis, Dentists, Physician's assistants, Registered dental hygienists, Medical examiners, Nurses, Persons licensed to provide emergency medical care, Audiologists, Psychologists, Marriage and family therapists, Licensed professional counselors, Social workers, Licensed master's social workers, Licensed bachelor's social workers. Registered social service technicians.
10 Social service technicians, Persons employed in a professional capacity in any office of the friend of the court, School administrators, School counselors, School teachers, Law enforcement officers, Members of the clergy, Regulated child care providers. Department employees of an eligibility specialist, Family independence managers, Family independence specialists, Social services speciausts, Social work specialists, Social work specialist managers, and Welfare services specialists. MCL Under Michigan law, any person identified above who knowingly fails to report a suspected case of abuse or neglect is guilty of a misdemeanor, punishable by imprisonment for not more than 93 days, a fine of not more than $500.00, or both. MCL Likewise, "[a] person who is required... to report an instance of suspected child abuse or neglect and who fails to do so is civilly liable for the damages proximately caused by the failure." Id. Clearly, under MCL , the above-identified persons have a legal duty to act: that is, such persons affirmatively must report.suspected child abuse or neglect "immediately," and follow up with a written report no more tlian seventy-two hours later. Doe v Doe, 289 Mich App 211, 214, 809 NW2d 163, 165 (2010) (recognizing the "clear and unambiguous" duty to report child abuse in MCL ). Also true, however, is the legislature's unambiguous upper limit on the criminal exposure for such conduct: a misdemeanor conviction, 93 days' imprisonment, and a $500 fine. Answering "No" to the question presented in this case would unduly interpose accomplice culpability (including charges of first-degree felony child abuse) upon teachers, clergy, physicians, and others when by the direct actions of a separate wrongdoer a child is 3
11 harmed after a failure to report suspected child abuse. Such an expansion of MCL would stunningly amplify the penalties for failure to report suspected child abuse by several degrees of magnitude. Furthermore, such an interpretation would unreasonably dilute the meaning of "accessory" under MCL Under well-settled Michigan law articulated by this Court, to be guilty of aiding and abetting,"[s]ome form of active, overt participation toward the accomplishment of the offense is required, as is a completed crime and a guilty principal." People V Carter, 415 Mich 558, 580; 330 NW2d 314 (1982). A logical distinction exists between traditional acts of aiding and abetting under MCL , on the one hand, and failure to perform a legal duty, on the other. For example, in People V Robinson, 475 Mich 1; 715 NW2d 44, 46 (2006), this Court found that an assailant was culpable as an accessory to second-degree murder under MCL , as he participated in assault but left the scene before the principal actor fired a deadly gunshot. Id. at 15. And in People V Plunkett, 485 Mich 50, 780 NW2d 280, 288 (2010), this Court held that "[a] defendant who transported another person to an illegal narcotics transaction, provided the money for this transaction, and intended that the money be used to purchase narcotics may be bound over for trial under MCL a and MCL (2)(a) for aiding and abetting the delivery of narcotics." W.at In contrast to those accomplice liability cases, "accessory" under MCL should not be redefined to treat those who neglect a duty to act as equivalent in culpability as principal actors. See People v Penn, 70 Mich App 638, 649, 247 NW2d 575, 580 (1976) ("Michigan's aiding and abetting statute provides that punishment of an aider and abettor will be equivalent with that of the principal.").
12 B. This Court Should Not Expand Accomplice Liability Under MCL When Omissions arc Punishable Under Separate Statutes. In determining whether an expansion beyond the text of MCL is warranted, this Court should consider how the Michigan legislature otherwise addresses omissions to act under a legal duty. In State v Jackson, 976 P2d 1229 (Wash. 1999), the Supreme Court of Washington taced a similar factual scenario and a similar accomplice liability statute to those at issue here. Specifically, that case involved the death of a young child at the hands of a foster father. The foster mother was charged with second-degree felony murder as an accomplice. Idal 1232, The prosecution charged that by failing to perform her duty to protect the child, the foster mother was culpable under Washington's accomplice liability statute. Id. at 'Ilie Jackson Court recognized that, under Washington law, parents do have a lawful duty to care for and protect their children. Id. at The Court next turned to the question of whether failing to act according to that duty subjects a parent to criminal accomplice liability. The Washington statute which is substantively similar to MCL stales: A person is an accomplice of another person in the commission of a crime if: (a) With knowledge that it will promote or facilitate the commission of a crime, he (i) solicits, commands, encourages, or requests such other person to commit it; or (ii) aids or agrees to aid such other person in planning to commit it; or (b) his conduct is expressly declared by law to establish his complicity. RCW 9A.08020(3). In interpreting the statute, the Washington Supreme Court noted that the text of the statute itself does not extend accomplice culpability for a faiuu^e to act according to a legal duty. Jackson, 976 P2d at 1233.
13 Importantly, the Jackson Court next considered whether the omission to act was otherwise punishable under a separate statute. The Court recognized: Significantly, the Legislature has imposed liability in other criminal statutes for omissions to act. For example, it has done so in... the first degree criminal mistreatment statute', and in... RCW 9A , (he second degree criminal mistreatment statute.^... In addition, as the State itself observes in its brief, RCW (1 )(c) makes it a crime for an adult who has reasonable cause to believe a child has suffered severe abuse to fail to report such abuse to the authorities. Because in RCW 26.44:030, 9A , and 9A.42.O30 the Legislature has imposed criminal liability for an omission to act, we can presume that it was aware of the concept of omission liability when it adopted the accomplice liability statute. Accordingly, we can conclude only that its failure to include liability for a failure to act in the accomplice liability statute was deliberate. As a consequence, we should refrain from reading omission liability into RCW 9A Id at Thus, when examining whether the Washington legislature intended accomplice culpability to arise from omissions, the Jackson Court was persuaded by the fact that other statutes explicitly criminalize omissions while the accomplice liability statute remained silent. Id. The Jackson Court thus found it untenable that the legislature would silently intend accomplice liability to apply to omissions when the other crimes-by-omission statutes are explicit in criminalizing omissions. ' (1) A parent of a child, the person enirustcd with (he physical custody of a child of dependent person, a person who has assumed,the responsibility lo provide to a dependent person the basic necessities of life, or a person employed lo. provide' lo the child or dependent person the basic necessities of life is guilty of criminal mistreatment in the first degree if he or she recklessly, as defined in RCW 9A , causes great bodily harm to a child or dependent person by withholding any of the basic necessities of life. (2) Criminal mistreatment in the first degree is a class B felony. Rev. Code Wash. 9A (1) A parent of a child, the person entrusted with the physical custody of a child oi* dependent person, a person who has.assurned the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or dependent' person the basic necessities of life is guilty of criminal mistreatment in the second degree if he or she recklessly, as defined in RCW 9A , either (a) creates an imminent and substantial risk of death or great bodily harm, or (b) causes substantial bodily harm by withholding any of the basic necessities of life. (2) Criminal mistreatment in the second degree is a class C felony. Rev. Code Wash. 9A
14 In the instant case, this Court should likewise decline to expand the definition of accessory to those who neglect a legal duly, because the Michigan legislature separately criminalized those omissions and set the appropriate criminal penalties therefor. Specifically, the omission from reporting suspected child abuse is codified as a misdemeanor punishable by up to 93 days in prison and a $500 fine. MCL Furthermore, the facts as alleged by the prosecutor in this case could arguably be charged as second-degree child abuse,^ which mandates: A person is guilty of child abuse in the second degree if...[l]he person's omission causes serious physical harm or serious mental harm to a child or if the person's reckless act causes serious physical harm or serious menial harm to a child. MCL b(3). Thus, before undertaking a strained reading of MCL , this Court should consider that omitting a required action in response to suspected child abuse is already criminalized by the Michigan legislature in other statutes. See MCL et seq. (criminalizing failure to report suspected child abuse for certain specified classes of persons); see also MCL b(3); People v Todd, 196 Mich App. 357, NW2d 521, 523 (1992) ("Second-degree child abuse is committed where a person's omission causes serious physical or mental harm or where a person's reckless act causes serious physical harm to a child.") vacated on other grounds, 441 Mich. 922 (1993). Because the Legislature addresses omissions in separate statutes, it is inappropriate to reinterpret MCL to cover conduct addressed elsewhere. In lash v Traverse City, 479 Mich. 180, 196, 735 NW2d 628, 638 (2007), this Court addressed whether the statutory limitations on residency restricfions in governmental hiring decisions should be read to include a private right of action against a city. Id. at 194. There, this Court looked to other explicit ^ Amicus Curiae assert that any such charges are not evidence of guiu, and Ms. Borom is constitutionally entitled to demand proof beyond a reasonable doubt on each element. Sullivan v Louisiana, 508 US 275, 279 (1993).
15 statutory provisions extending a right to sue to find that the legislature did not intend its silence to extend an additional cause of action. Rather, the fact that the Legislature has explicitly permitted damage suits in other provisions of chapter 15 provides persuasive evidence that the Legislature did not intend to create a private cause of action for violation of this particular provision. Id. at 196. Here, loo, the Court should conclude that the explicit statutory provisions addressing omissions to act according to a legal duty need no improvement or supplementation by a strained, novel interpretation of MCL , and the legislature did not intend its abstention from mentioning omissions in MCL as an invitation to permit such an expansive interpretation of accomplice liability. SUMMARY AND RELIEF The Michigan Legislature has already addressed omissions to act according to a legal duty in the statutes proscribing criminal penalties for such omissions. Imposing additional criminal exposure by redefining accessory to include those omitting to act would frustrate the clear limits of MCL , and would shockingly elevate potential penalties for a wide range of persons holding legal duties to act. MCL simply does not support such an expansive interpretation. Therefore, Amicus Curiae Criminal Defense Attorneys of Michigan respectfully requests that this Court issue an opinion reversing the Court of Appeals, vacating the original Trial Court Order denying the Motion to Quash, and remanding this case to the Trial Court to effectuate its decision.
16 Respectfully Submitted, DYKEMA GOSSETT PLLC By: JamCiS S. Di-ady(P.i nio) 300 QjttWa Avenue, N.W., Suite 700 OranirRapids, Michigan (616)
Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/ Note that not every case goes through all of the steps outlined here. Some states have different procedures. I. Pre-Trial Crimes that would
STATE OF MINNESOTA IN COURT OF APPEALS A10-1884 State of Minnesota, Respondent, vs. Jolene Kay Coleman, Appellant. Filed January 3, 2012 Affirmed Kalitowski, Judge Hennepin County District Court File No.
Chapter 15 Criminal Law and Procedures Chapter Outline 1. Introduction 2. What Is a Crime? 3. Elements of Criminal Liability 4. Types of Crimes 5. Cyber Crime 6. Constitutional Safeguards 7. Criminal Procedures
California Child Abuse and Neglect Reporting Law The first child abuse reporting law in California was enacted in 1963. That early law mandated only physicians to report physical abuse. Over the years,
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, FOR PUBLICATION September 13, 2012 9:00 a.m. v No. 304708 Oakland Circuit Court CONNIE LEE PENNEBAKER, LC No. 2011-235701-FH
Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act 52-3-801. Short title. This part may be cited as the "Montana Elder and Persons With Developmental Disabilities Abuse Prevention
Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.
BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html
IN THE SUPREME COURT OF THE STATE OF ARIZONA STATE OF ARIZONA EX REL. WILLIAM G. MONTGOMERY, MARICOPA COUNTY ATTORNEY, Petitioner, v. THE HONORABLE HARRIETT CHAVEZ, JUDGE OF THE SUPERIOR COURT OF THE STATE
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, FOR PUBLICATION May 10, 2002 9:00 a.m. V No. 234940 Kent Circuit Court JOSEPH MARK WOLFE, LC No. 01-002134-FH Defendant-Appellee.
SUPREME COURT OF ARIZONA STATE OF ARIZONA, Appellant, v. JAMES EARL CHRISTIAN, Appellee. Arizona Supreme Court No. CR-02-0233-PR Court of Appeals Division One No. 1 CA-CR 00-0654 Maricopa County Superior
HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA The Office of Victims Rights receives many inquiries from victims about how a criminal case in Alaska is investigated by police and then prosecuted by
MASON COUNTY INDIGENT DEFENSE STANDARDS SUPERIOR AND JUVENILE COURT Ordinance No. ~~q- 09:> WHEREAS, the Washington Legislature mated in RCW 10.101.030 that counties adopt stards for the delivery of public
KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES I. MISSION The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce the
Senate Engrossed State of Arizona Senate Forty-fifth Legislature First Regular Session 0 SENATE BILL AN ACT AMENDING SECTION -, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 00, CHAPTER, SECTION ; AMENDING
Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)
A Victim s Guide to Understanding the Criminal Justice System The Bartholomew County Prosecutor s Office Victim Assistance Program Prosecutor: William Nash 234 Washington Street Columbus, IN 47201 Telephone:
NAVIGATING THE CRIMINAL AND CIVIL PROCESS IN CHILD ABUSE AND NEGLECT CASES LORI FLUEGEL ASSISTANT PROSECUTING ATTORNEY JACKSON COUNTY OBJECTIVES UNDERSTANDING OF THE CRIMINAL AND CIVIL PROCESS OF CHILD
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (3d 140252-U Order filed
Lawyer Referral and Information Service 301 Battery Street, Third Floor San Francisco, CA 94111 Telephone: (415) 477-2374 Fax: (415) 477-2389 URL: www.sfbar.org APPLICATION FOR JUVENILE DELINQUENCY LAW
Understanding the criminal justice process Introduction Missouri law establishes certain guarantees to crime victims, including participation in the criminal justice system. Victims can empower themselves
A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement
STATE OF MICHIGAN COURT OF APPEALS JAMES PERKINS, Plaintiff-Appellee, FOR PUBLICATION July 18, 2013 9:00 a.m. v No. 310473 Grand Traverse Circuit Court AUTO-OWNERS INSURANCE COMPANY, LC No. 2011-028699-NF
RENDERED: SEPTEMBER 1, 2000; 10:00 a.m. NOT TO BE PUBLISHED C ommonwealth Of K entucky Court Of A ppeals NO. 1999-CA-002678-MR CHARLES CHUMBLER APPELLANT APPEAL FROM LIVINGSTON CIRCUIT COURT v. HONORABLE
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, FOR PUBLICATION September 15, 2015 9:15 a.m. v No. 325802 Livingston Circuit Court RYAN SCOTT FEELEY, LC No. 14-022259-AR
General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance
IN THE MUNICIPAL COURT OF THE CITY OF SEATTLE THE CITY OF SEATTLE, PLAINTIFF vs, DEFENDANT Statement of Defendant on Plea of Guilty Case # 1. My true name is. 2. My age is. Date of Birth. 3. I went through
CITY OF EDMONDS REQUEST FOR QUALIFICATIONS FOR PUBLIC DEFENSE ATTORNEYS The City of Edmonds ( City ), Washington, is requesting proposals from well qualified attorneys interested in providing legal representation
UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed
IN THE SUPREME COURT OF THE STATE OF ARIZONA KRISTINA R. DOBSON, Petitioner, v. THE HONORABLE CRANE MCCLENNEN, JUDGE OF THE SUPERIOR COURT OF THE STATE OF ARIZONA, IN AND FOR THE COUNTY OF MARICOPA, Respondent
NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 IN THE COURT
IN THE SUPREME COURT OF MISSISSIPPI NO. 2010-IA-02028-SCT RENE C. LEVARIO v. STATE OF MISSISSIPPI DATE OF JUDGMENT: 11/23/2010 TRIAL JUDGE: HON. ROBERT P. KREBS COURT FROM WHICH APPEALED: JACKSON COUNTY
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). STATE OF MINNESOTA IN COURT OF APPEALS A10-1742 State of Minnesota, Respondent, vs. Nicholas
If/ehJ~ TO PENNSYLVANIA'S COURTS ThiS guide is intended to acquaint you with Pennsylvania's judicial system. It provides an overview of how our courts are organized and the kinds of work they do. We hope
No. 106,703 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. CHRISTIAN REESE, Appellant. SYLLABUS BY THE COURT 1. It is a fundamental rule of criminal procedure in Kansas that
F REQUENTLY A SKED Q UESTIONS A BOUT T HE C RIMINAL J USTICE S YSTEM WHO IS THE DISTRICT ATTORNEY? The New York State Constitution provides that the District Attorney is a public official elected by the
STATE OF IDAHO County of KOOTENAI ss FILED AT O clock M CLERK, DISTRICT COURT Deputy IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, vs. STATE OF IDAHO IN AND FOR THE COUNTY
1. PURPOSE CHAMPAIGN COUNTY NURSING HOME SUMMARY OF ANTI-FRAUD AND ABUSE POLICIES Champaign County Nursing Home ( CCNH ) has established anti-fraud and abuse policies to prevent fraud, waste, and abuse
Courtroom Terminology A Accused: formally charged but not yet tried for committing a crime; the person who has been charged may also be called the defendant. Acquittal: a judgment of court, based on the
IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA STATE OF OKLAHOMA, Plaintiff, v. Case No. CF-2008-1601 Judge William Kellough RODNEY EUGENE DORSEY, Defendant. BRIEF CONCERNING REQUEST FOR
WHAT S OLD IS NEW AGAIN. PROSECUTING WORKERS COMPENSATION FRAUD UNDER THE 2011 AMENDMENTS Presented and Prepared by: William M. Blumthal, Jr. Supervisor, Workers' Compensation Fraud Unit Illinois Department
ELDER & VULNERABLE ADULTS S.B. 49 (S-1) & 50 (S-1): ANALYSIS AS REPORTED FROM COMMITTEE Senate Bill 49 (Substitute S-1 as reported) Senate Bill 50 (Substitute S-1 as reported) Sponsor: Senator Virgil Smith
If You Have Been Charged with a Crime in Florida, Familiarizing Yourself with Your Charges and the Potential Penalties If You are Convicted is the First Step to Making Yourself More Informed, Empowered
STATE OF MICHIGAN MIKE COX, ATTORNEY GENERAL CRIMINAL LAW: LAW ENFORCEMENT: Application of the Sex Offenders Registration Act's Student Safety Zone Exception to Prisoners SEXUAL OFFENDERS: STUDENT SAFETY
NOTICE: NOT FOR PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION
INFORMATION ABOUT ORDERS FOR PROTECTION AGAINST STALKING AND HARASSMENT AND ORDERS FOR PROTECTION OF CHILDREN ISSUED IN JUSTICE COURT (1) What are the definitions of stalking, harassment, and harm to minors?
Subchapter 6.600 Criminal Procedure in District Court Rule 6.610 Criminal Procedure Generally (A) Precedence. Criminal cases have precedence over civil actions. (B) Pretrial. The court, on its own initiative
The Criminal Justice System The Police I. The Police a. More than 725,000 police across the country b. Local, state and national levels c. Protect, maintain peace & order, investigate, arrest, and book
NAPD Formal Ethics Opinion 14-1 Social workers and other healthcare professionals may not report child or elder abuse without the express contemporaneous permission of the lawyer for whom they are doing
Michael K. Jeanes, Clerk of Court *** Filed *** 01/26/2015 8:00 AM THE HON. CRANE MCCLENNEN STATE OF ARIZONA CLERK OF THE COURT J. Eaton Deputy GARY L SHUPE v. MONICA RENEE JONES (001) JEAN JACQUES CABOU
PSM 712-3 1 of 6 COORDINATION WITH PROSECUTING ATTORNEY AND LAW ENFORCEMENT In each county, the department and the prosecuting attorney must develop procedures and a referral plan for involving law enforcement
ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES (a) Mission: The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce
Criminal Liability of Companies Survey South Africa Bowman Gilfillan CONTACT INFORMATION: Dave Loxton Bowman Gilfillan 165 West Street, Sandton Johannesburg, South Africa Tel: 27.11.669.9525 / Fax: 27.11.699.9001
SUPREME COURT OF ARIZONA En Banc RYAN JOHN CHRONIS, ) Arizona Supreme Court ) No. CV-08-0394-SA Petitioner, ) ) Maricopa County v. ) Superior Court ) No. CR2008-006808-001 DT HON. ROLAND J. STEINLE, JUDGE
Information For Defendants About Getting A Court-Appointed Attorney If you are charged with a criminal offense and cannot afford to hire an attorney, you are entitled to a court-appointed attorney. May
IN THE COMMONWEALTH COURT OF PENNSYLVANIA William J. Bell : : No. 2034 C.D. 2012 v. : Submitted: April 19, 2013 : Commonwealth of Pennsylvania, : Department of Transportation, : Bureau of Driver Licensing,
SECURING A STAY IN THE COURT OF APPEALS By: Kenneth E. Prather, Sr. KENNETH E. PRATHER, SR.,P.C., 19846 Mack Avenue Grosse Pointe Woods, MI 48236 Phone: 313-884-5622/313-884-6073 (Fax) Email:email@example.com
NOTICE This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (4th 130903-U NO. 4-13-0903
SUBJECT: False Claims Act Explanation and Reporting Requirements NUMBER: 1004 CROSS REFERENCE NUMBER: 1823 REG. REF.: 31 U.S.C. 37-29 PURPOSE: POLICY: The purposes of this policy are to describe the Federal
Lawyers 291 CHAPTER 18 LAWYERS 292 MICHIGAN CHILD WELFARE LAW Revised: 9/1/2007 Lawyers 293 CHAPTER 18 LAWYERS 18. 1. LAWYER-GUARDIAN AD LITEM FOR THE CHILD 18.1.1. Lawyer-Guardian ad litem for the Child
31 - felony sentencings Felony Sentencing Guidelines By 46 th Circuit Court Judge Janet M. Allen Adults convicted of felony crimes are sentenced by a judge to one of two primary types of sentences. The
VILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL SUBJECT: COMPLIANCE WITH FEDERAL AND STATE FALSE CLAIMS LAWS AND DETECTION AND PREVENTION OF FRAUD, WASTE AND ABUSE LAST POLICY REVISION EFFECTIVE
[Cite as In re Littler, 2004-Ohio-4612.] IN THE COURT OF CLAIMS OF OHIO VICTIMS OF CRIME DIVISION IN RE: JEANENE S. LITTLER : Case No. V2004-60172 LLOYD L. LITTLER : OPINION OF A THREE- COMMISSIONER PANEL
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2013-CP-00221-COA FREDDIE LEE MARTIN A/K/A FREDDIE L. MARTIN APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 01/08/2013 TRIAL JUDGE:
MODEL POLICY REPORTING CHILD ABUSE AND NEGLECT FOR SCHOOL OFFICIALS IN DUPAGE COUNTY The DuPage County State s Attorney s Office, the DuPage Regional Superintendent of Schools, the School District, the
Chapter 3 Justice Process at the County Level Brooks County Courthouse Chapter Three: Judice Process at the County Level Developmental Assets: Life Skills: TEKS: Objectives: 10. Safety 30. Responsibility
RENDERED: MARCH 14, 2008; 2:00 P.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2007-CA-001304-MR DONALD T. CHRISTY APPELLANT v. APPEAL FROM MASON CIRCUIT COURT HONORABLE STOCKTON
2000 PA Super 81 COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF Appellant : PENNSYLVANIA : v. : : JOSEPH MENDEZ, : Appellee : No. 1892 EDA 1999 Appeal from the Judgment of Sentence entered May
Child Abuse, Child Neglect: What Out of Home Caregivers Should Know if They Are Investigated Written by South Carolina Appleseed Legal Justice Center With editing and assistance from the Children s Law
2016 PA Super 4 ESTATE OF SUSAN C. MCANDREW IN THE SUPERIOR COURT OF PENNSYLVANIA APPEAL OF: JOSEPH C. MCANDREW, JR. No. 830 EDA 2015 Appeal from the Order Dated March 2, 2015 in the Court of Common Pleas
No. 102,751 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. KRISTINA I. BISHOP, Appellant. SYLLABUS BY THE COURT 1. the State. A criminal diversion agreement is essentially
SUPREME COURT OF ARIZONA En Banc STATE OF ARIZONA, ) Arizona Supreme Court ) No. CR-10-0306-PR Appellant, ) ) Court of Appeals v. ) Division Two ) No. 2 CA-CR 2008-0342 RANDALL D. WEST and PENNY A. ) WEST,
IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT STATE OF MISSOURI, v. ROBERT E. WHEELER, Respondent, Appellant. WD76448 OPINION FILED: August 19, 2014 Appeal from the Circuit Court of Caldwell County,
FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS I. FEDERAL LAWS False Claims Act (31 USC 3729-3733) The False Claims Act ("FCA") provides, in pertinent part, that: (a) Any person who (1) knowingly