motion to dismiss criminal case example michigan

Motion to dismiss criminal case example michigan trial#

Because they failed to comply, the judge determined they were guilty of litigation misconduct and dismissed the case. Both the plaintiff and her attorney released inadmissible evidence to the media several times despite the judge ordering them to stop and warning them of the risks of continuing their actions.

Motion to dismiss criminal case example michigan trial#

The Trial Court chose to dismiss the case under the unclean hands doctrine after the plaintiff and her counsel attempted to taint the jury pool prior to trial. The Supreme Court upheld the dismissal of a legal action alleging employment discrimination and seeking monetary compensation. The Michigan Supreme Court also approved this use of the doctrine in Maldonado v. The court determined that such behavior posed a danger to the judicial process and dismissed the suit. The plaintiff attempted to prevent valuable defense medical experts from testifying by sending the witnesses death threats and vandalizing their homes. Wayne County Mich, App 249 533 NW2d 13 (1995), the presiding judge used the doctrine to dismiss a personal injury case in which the plaintiff sought monetary damages. Two primary Michigan cases have opened the door to this application. This is rooted in the court’s interest in protecting both its own integrity and that of the judicial process. The authority to dismiss a lawsuit for litigant misconduct is applicable in both equitable and legal claims. The property owner acted in bad faith by first giving permission and then bringing the defendant to court.ĭespite the unclean hands defense being almost exclusively an equitable remedy, Michigan courts have carved out a unique exception to the rule allowing it to be applied on the basis of litigation misconduct. Using the example above, the trespasser may be able to assert an unclean hands defense if the property owner gave him permission to enter the property prior to bringing a claim of trespass. The doctrine of unclean hands is an equitable remedy, meaning it applies in cases that do not award monetary damages. A court could order the trespassers to stop entering the property. An equitable claim would be appropriate for a person who is having issues with trespassers. This order is called an injunction and its goal is to prevent a future harmful action or to provide relief from something that cannot be fixed by money. An example would be a car accident in which the defendant has been ordered to pay the plaintiff a certain amount of money in order to compensate her for any medical bills or missed wages caused by the crash.Īn equitable claim asks the court to order a person to do or not do a particular act. The intent of the claim is for the plaintiff to be awarded monetary damages in order to make him whole.

Legal claims are pursued when a defendant’s actions have caused the plaintiff to suffer an economic loss. In law, there are two types of claims – legal and equitable. The unethical behavior does not have to be criminal nor enough to justify independent judicial proceedings, but must be a willful act directly related to the issue in court. By doing so the unclean hands doctrine protects both the court and the involved parties. Its intent is to keep a person from abusing the justice system in order to benefit from a situation they created by acting in bad faith. The unclean hands doctrine applies to cases where the plaintiff has acted unethically in connection to the circumstances that have led to the suit. In these circumstances, it may be possible for the defendant to assert a defense supported by the doctrine of unclean hands. If the local news has covered the case a great deal, it may be necessary to move the trial to another venue to protect the defendant’s right to an impartial jury.Occasionally, plaintiffs in legal cases have acted unethically or in bad faith with respect to the issue in front of the court.

Motion for Change of Venue – may be made for various reasons including pre-trial publicity.

For example, if police conducted a search without probable cause (in violation of the Fourth Amendment), it may be possible to suppress the evidence found as a result of that search.

Motion to Suppress – an attempt to keep certain statements or evidence from being introduced as evidence.

This may be done if there is not enough evidence, if the alleged facts do not amount to a crime.

Motion to Dismiss – an attempt to get the judge to dismiss a charge or the case.

Only judges decide the outcome of motions. The motion can affect the trial, courtroom, defendants, evidence, or testimony. A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins.

One of the last steps a prosecutor takes before trial is to respond to or file motions.