Blog

May 2012
10

Complainant’s Prior Statements Ruled Admissible in Rape Case

The never ending assault on the rights of citizens accused of a sex crime continues, as the Michigan Court of Appeals recently allowed the Prosecution to bolster the credibility of a complaining witness in a sex crime accusation by affirming the conviction of a man who had the Prosecutor read the complainant’s entire witness statement […]

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Mar 2012
28

Negotiating Your Future: Your Rights When Plea Offers Are On The Table

In two recent decisions released last week, the U.S. Supreme Court ruled that attorneys mishandling plea negotiations can be a basis for finding a violation of the Sixth Amendment right to counsel. It is your right to be fully informed of every plea offer made in your case. In Missouri v. Frye, the parties agreed […]

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Mar 2012
28

Federal Judge Dismisses Charges Against Hutaree in Michigan Militia Case

A Federal Judge dismissed the serious charges against seven members of the Michigan Militia Group known as the Hutaree yesterday in a 28 page opinion and order. The Defense team of Mark Satawa, Bill Swor, Jim Thomas, Art Weiss, Mike Rataj, Rick Helfrick, Todd Shanker, Henry Scharg, Mike Naughton, and Harry Mihas, had filed a […]

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Mar 2012
21

Rutgers Student Commits Suicide After Invasion of Privacy: New Jersey Jury Says it’s a Hate Crime

On March 16, 2012, former Rutgers University student Dharun Ravi was convicted of 15 charges, including one for bias intimidation (AKA “hate crime”) in the Middlesex County Superior Court (New Jersey). The most serious charge was bias intimidation, as it carries a 10-year prison sentence. It reportedly took an hour for Judge Glenn Berman to […]

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Feb 2012
24

Another Sex Crime Appellate Case Win for Kirsch & Satawa

Mark Satawa and Stuart Friedman of Kirsch & Satawa, PC, have won another sex crimes case for an extremely satisfied client, when a Macomb County Circuit Court Judge granted the Defense Motion for New trial following a Ginther hearing. The Client (Daniel A.), was a upstanding member of the community, with no prior record of […]

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Jan 2012
25

Sentencing in Federal Child Porn Cases – Will Any Departure Outside the Sentencing Guidelines be Upheld by the Sixth Circuit Court of Appeals?

A new opinion from the Sixth Circuit Court of Appeals highlights that the battle continues to rage over the proper sentence for a defendant convicted of a “true” possession of child pornography offense, where there is no evidence that the offender shared or distributed any child pornography or committed any actual acts of abuse against […]

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Jan 2012
24

Mark Satawa Featured in Institute for Continuing Legal Education (ICLE), Weekly Law and Practice Update

Mark A. Satawa is featured in this week’s Weekly Law and Practice Update, published by the Institute for Continuing Legal Education. His article on Getting and Keeping your Clients off the Sex Offender Registry, was featured in ICLE’s Weekly Law and Practice Update’s Top Tips in Ten Minutes. The article offers practical, how to information […]

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Dec 2011
13

Jerry Sandusky Defense and Allegations

The allegations surrounding Jerry Sandusky and Penn State University are a mess – and are quickly going from bad to worse. Sandusky already stands charged with 40 counts of sexually molesting children, and more victims seemingly surface every week. One civil lawsuit has already been filed, the athletic director and school president have been fired, […]

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Oct 2011
31

Sex Offender Registries Continue to Drive Local Governments to New Levels of Hysterics

Sexual offender registries continue to drive local governments to new levels of hysterics. Recently the mayor of Knox County, Tennessee, issued an order banning anyone on that state’s Sex Offender Registry from visiting any of the county’s 19 public libraries. Mayor Tim Burchett said he was acting in accordance with a Tennessee law that took […]

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Oct 2011
27

U.S. Supreme Court to Consider Retroactively Requiring Individuals Convicted of Certain Crimes to Register as Sex Offenders

The U.S. Supreme Court opened its 2011 term by examining the United States Attorney General’s authority to retroactively require individuals convicted of certain crimes to register as sex offenders. While the Court is only considering a technical question of whether a particular individual has standing to challenge the Attorney General’s actions, the case once again […]

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