The Michigan Constitution Podcast

Michigan Constitution/Article 1/Section 15:  Double jeopardy; bailable offenses; commencement of trial if bail denied; bail hearing; effective date. As continue to delve deeper into our right to finality from a criminal trial, we start to look at aspects where multiple jurisdictions bring criminal charges, despite the criminal action occurring (arguably) in only one place. We will also discuss the...

Michigan Constitution/Article 1/Section 15:  Double jeopardy; bailable offenses; commencement of trial if bail denied; bail hearing; effective date. In this podcast, we will continue our conversation about Double Jeopardy and how you are protected by the Michigan Constitution. Cases we will discuss will involve: What happens when a Prosecutor intentionally throws the case in order to get a mistria...

Michigan Constitution/Article 1/Section 15: Double jeopardy; bailable offenses; commencement of trial if bail denied; bail hearing; effective date. I bet you’ve never given this area of constitutional protection much thought. We “get it”, perhaps conceptually. But do you really understand what it means to be put TWICE in jeopardy? When does it attach? How does it get reviewed? Wh...

In our concluding episode about the right to a jury trial we will learn more about: -A law firm screwing up their own lawsuit and jury request -When to allege a jury is not of your own peers -Getting thrown out of political office and failing to request a jury to make that decision

As we continue our conversation about when you have the right to a jury trial, we’ll discuss the following aspects: -Withdrawing the request for a jury trial -Jury of your peers and what that means -Right to jury in administrative law matters -Unanimous jury verdict in criminal cases

This time we delve deeper into the right to a jury trial. Specifically, we’ll discuss… -juvenile proceedings in child neglect cases -interest in real property -ejectment vs. quiet title

The right to a jury trial is protected both in our United State Constitution, as well as our Michigan Constitution. But why is the right to a jury trial so important? Why is it imperative we protect that right, both at the federal level, as well as at the state level? There are few reasons and we’ll discuss them over the next four podcasts. In this podcast we’re going to discuss the fo...

Now that we’ve established there are three pillars by which a judge must use to determine that an individual wishes to represent himself, the Courts go on to adopt an additional requirement, a Michigan Court Rule, to provide additional protection for BOTH the Defendant and the Judge. After all, what we can’t have is a Defendant represent himself at his trial, lose the court case, and t...

You have a constitutional right, both under the Michigan Constitution and the U.S. Constitution, to hire an attorney; have an attorney appointed to you if you cannot afford one; but also the right to NOT have an attorney and to represent yourself. But what sort of parameters are there for when you want to represent yourself? What about representing yourself during pre-trial hearings? Can you do th...

Habeas Corpus is the right to a speedy trial, bond and extradition.

Habeas Corpus is the right to a speedy trial, bond and extradition.

In our last podcast on Search & Seizure case law, regarding Article 1 Section 11 of the Michigan Constitution, we will discuss exigent circumstances by which a police office may AND MAY NOT conduct warrantless searches and seizures. We discuss small cases with a gun in an apartment, drugs flying at 30,000 feet across the country and how much time can elapse between a crime and a warrantless ar...

In this 30-minute podcast, we will discuss a search & seizure case which made its way through the Michigan Court of Appeals, to the Michigan Supreme Court and THEN over to the United States Supreme Court. Does the SCOTUS support and uphold the MI COA & Supreme Court? Or does Michigan get smacked down for violating both Article 1, Section 11 of the Michigan Constitution (by way of violating...

Our next smattering of cases we’re going to discuss includes a United State Supreme Court case which took at look at the Michigan Constitution’s Article 1, Section 11 provision by reviewing the requirements of a homeowner to stay with the police (however, without an arrest warrant) during a search of his home for drugs. Is it considered an ‘unreasonable seizure’ of a person...

Now, we’ve already established that folks are protected from unreasonable searches & seizures. We discussed the concept of the exclusionary rule and we’ve addressed specific examples of when that may come into play, such as in a vehicle. But now I want to get into even more specifics.  Is it search & seizure if a private person provides something to the police which incriminates a Defendan...

We’ve got a lot to talk about in this Article and Section of the Michigan Constitution. This provision mirrors the United States Constitution’s 4th Amendment. But the citizens of Michigan have added a 3rd sentence which is NOT part of the U.S. 4th Amendment. What is it? Why is it there? (And is it constitutional in terms of what the US Constitution allows for?) Find out this podcast!

This may be the shortest podcast we’re going to do on the Michigan Constitution. It’s because, honestly, it’s dreadfully boring. But there is one case worth noting: Blue Cross Blue Shield of Michigan versus the Michigan Governor. It sets up a four element test to determine whether the State of Michigan may impair a legally executed contract between two parties. Those four element...

We will finish our conversation about Ex Post Facto laws and why substantive, versus procedural, rights are the main factor we review to determine if a law change is an ex post facto violation. We have a two prong test, and then (wait for it) a 7-factor test to roll through! Now, don’t skip out. We don’t review all 7, we merely discuss the factors which are most relevant to our cases a...

We are continuing our coverage of Article 1, Section 10 of the Michigan Constitution. Remember, there are technically three provisions which make up this one Section. Before, we covered Bills of Attainder. Now we’re going to address Ex Post Facto laws. These laws are prohibited because, by and large, the make actions criminal which were NOT criminal at the time they were committed. But the k...

A bill of attainder occurs when the Michigan Legislature criminalizes something you did in the past, when it wasn't illegal to do it, and does not provide you with a judicial trial. This podcast will review situations where individuals believed the Legislature took an action, against them as a Defendant, and attempted to make their behavior a criminal in nature, without the benefit of a trial.

This time around we discuss Article 1, Section 9: “ Neither slavery, nor involuntary servitude unless for the punishment of crime, shall ever be tolerated in this state .” But that doesn’t mean that folks won’t make a distasteful argument that being required to do something (or not being allowed to do something) was involuntary servitude and should be prohibited under the M...

So here’s the thing about Article 1, Section 8…there is no case history, at least not that I could find. And frankly, I find that to be a good thing! We don’t want the State of Michigan forcing citizens to house soldiers, within the person’s home, against their will. So instead, I’m going to give you a little history on this provision, within Michigan, but I’m a...

In this one off podcast, we review the Michigan Supreme Court case regarding the Executive Orders issued by Michigan Governor Gretchen Whitmer. This case reviews the Emergency Powers of the Governor Act (EPGA) and discusses how separation of powers, delegation authority, the EPGA, Executive Orders, the actions taken by Gov. Whitmer and the Legislature all come to head.

The Michigan Constitution Article 1, Section 7 states: “ Military power subordinate to civil power: The military shall in all cases and at all times be in strict subordination to the civil power.” What this means, practically, is that during times of peace, the Michigan National Guard is subordinate to the laws of the State of Michigan. We have only one case which has ever addressed th...

We will continue our discussion regarding Article 1, Section 6 in the Michigan Constitution. This provision of the MI Constitution reads as follows: “ Every person has a right to keep and bear arms for the defense of himself and the state “ For our last podcast covering this topic, we will review a hodge-podge of cases which have addressed this specific provision. This includes off-duty deputies a...