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26 Oct 2016, 6:16 am by Matt Van Steenkiste
People v Rea: Drunk Driving Updates with Troy Michigan Expert DUIPeople v Rea: Drunk Driving Updates with Troy Michigan Expert DUIAttorneys Recently the Michigan Court of Appeals heard a case involving an individual charged with operating while intoxicated after he drove drunk on his driveway. [read post]
17 Apr 2015, 10:51 am by Rory Little
(Recall the mens rea arguments and divided opinions in Rosemond v. [read post]
22 Oct 2019, 3:26 pm
  Fortunately, all that happened was that appellant was arrested and placed on probation.It's also a neat little appeal because it's one that's basically based on a law review article:  Northrop & Rosen's piece entitled “Kids Will be Kids: Time for a ‘Reasonable Child’ Standard for the Proof of Objective Mens Rea Elements. [read post]
30 Mar 2023, 4:05 pm
Now, the greater mens rea might still constitute a "lesser" offense, since if you have the higher mens rea you necessarily also violate the strict liability offense that requires no such showing. [read post]
20 Apr 2021, 4:42 pm
  And, in any event, maybe we're okay with defendants saying that they're innocent -- say, asserting that they didn't have the required means rea for the offense -- but also saying that, if they're guilty, it's nonetheless due to their mental health problems and hence qualify for diversion.Regardless, a prior opinion of the Court of Appeal held that pretrial diversion could be requested after trial, and today's opinion says it can't. [read post]
27 Mar 2015, 2:49 pm
 I expect that there are lots of "normal" people, like me, who violate it. [read post]
12 Oct 2010, 11:55 am by Jason Rantanen
  Among them are the following: The “people” who are accused of inducement are not people at all. [read post]