Appeals court orders new trial because defense did poor job
KALAMAZOO, Mich. (AP) — The Michigan appeals court has overturned criminal sexual conduct convictions in a Kalamazoo County case because the defense lawyer did a poor job.
In a 2-1 decision released Wednesday, the court says Jeffrey Gioglio’s constitutional rights were violated. His lawyer, Susan Prentice-Sao, declined to cross-examine a young girl in the case.
The prosecutor says Prentice-Sao smiled and referred to Gioglio as “toast” after he was sentenced to a minimum of 80 months in prison in 2009.
Appeals Judge Kirsten Frank Kelly disagrees with the decision to grant Gioglio a new trial. She notes that the trial judge did not see a need to throw out the convictions.
Strip club sues over law limiting advertising
DETROIT (AP) — A strip club has sued to challenge a Michigan law that took effect last week limiting signs and billboards that advertise adult entertainment or other sexually oriented businesses.
The lawsuit Tuesday in U.S. District Court in Detroit by The Penthouse Club says the law violates the club's constitutional right to freedom of expression.
Democratic State Sen. Tupac Hunter of Detroit sponsored the legislation. He says the lawsuit continues “a pattern of blatant disrespect and disregard toward the people of the city.”
The goal if the law was to crack down on the public display of sexual images that some find offensive. Billboards and signs visible from outside an adult business can only display words, numbers and trademarks under the law.
Court will take another look at ankle case
DETROIT (AP) — The Michigan Supreme Court has reversed itself and will hear arguments about whether the city of Detroit is responsible for a broken ankle near the Detroit River.
The decision last week is a result of the court's new conservative majority. When the court had a liberal majority last fall, a decision in favor of Charles Williams was allowed to stand.
The issue is whether an exception to liability applies when someone is hurt away from a road. Williams broke his ankle on a pedestrian path controlled by Detroit, not a highway.
Williams’ lawsuit has survived thanks to a 2010 decision by the state appeals court. Some conservatives on the Supreme Court have called it “illogical.”
FBA Eastern District of Michigan to hold bench-bar conference
The Federal Bar Association, Eastern District of Michigan Chapter, is sponsoring a bench-bar conference on Thursday, April 28, at The Henry Hotel in Dearborn. The theme is “Media and the Law” and will feature two panel discussions from members of the bench, bar, and media. U.S. District Court Magistrate Judge Mona K. Majzoub will host the program, which will begin at 11:30 a.m with a reception and a lunch. The event will be followed by a cocktail reception. Registration is available on online at www.fbamich.org or by mail. The cost is $115 for FBA members and $130 for non-members. Special discounts are available to law clerks and law students. For further information, contact FBA Executive Director Brian Figot at fbamich@fbamich.org. or call Frank Ortiz at (313) 223-3500.
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