In Cheboygan Sportsman Club v. Cheboygan County Prosecuting Attorney, the club sought to find out if conducting target practice at their shooting range within 150 years of occupied residences without the homeowners’ consent violated MCL 324.40111. The case involves a man who purchased residential property within 150 yards of the shooting range, after the range had been operating for decades. The man found a stray bullet on his property that he asserted had been fired from the shooting range. The local prosecutor informed the sportsman club that, “any individual discharging a firearm within 150 yards of a residence should face…
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Does the Natural Resources & Environmental Protection Act apply to shooting ranges?
Is Overweight a Valid Legal Defense
A 4 year old man that made a bomb threat reports that he cannot appear in a courtroom because he is too overweight. His attorney tells the court that the man would face undo financial hardships if he were forced to leave the special bed he is in to appear before the judge.
The Grand Rapids Press reported that Jeffery Allain Klein was charged with making a false bomb threat at a Cedar Springs mobile home. The police say that Klein confessed to calling in the bomb threat, and that he had done this because he had been fined by the management of the mobile home park and was trying to retaliate against them.
Klein was assigned court hearing dates that he did not attend, so an arrest warrant was issued. The attorney for Klein responded by appearing in court to tell the judge that his client weighs in excess of 600 pounds, and is confined to a special bed because of his weight. The attorney told the court that Jeffrey Klein has numerous ailments brought on by his obesity, and because of these ailments he is bedridden. Klein suffers from diabetes, back pain, and Chronic Obstructive Pulmonary Disease as a result of his body mass.
For Mr. Klein to get to the courtroom for a hearing he would have to spend close to $3,000 to be transported there. The attorney pled with the court to excuse Klein from having to appear because of his weight, and the amount of time, money, and trouble it will cost him to travel to the court room.
This matter has come under scrutiny by the public, and has other attorney’s asking if obesity could be a legitimate defense for criminals. The ruling in this case may help to set precedence in the future for attorney’s that wish to use this defense for their clients.
Source: http://www.uppermichiganssource.com/news/story.aspx?list=194552&id=1077314
Criminal Law – Defendant must be advised of appeal rights on remand
We further note that because the defendant’s minimum sentence exceeded the upper limit of the sentencing guidelines range, he is entitled to an attorney under MCL 770.3a(2)(b), which was in effect at the time that the defendant was sentenced.
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