Starting over: Terry J. Nolan regains law license

The Muskegon Chronicle is reporting:

Terry J. Nolan is back.

After a bruising seven years in career exile, Muskegon County’s best-known private attorney is about to make a fresh start.

Nolan, 51, regained his long-suspended law license last week. On Nov. 23, he will open a solo practice called Nolan Law Offices, PLLC, at 1 E. Apple.

This week — for the first time since his cocaine-fueled spinout in a humiliating glare of publicity in 2002-03 — Nolan agreed to be interviewed by a reporter about his experiences.

Judge: No more Kilpatrick text messages to be released

“A Wayne County Circuit judge said Thursday he will not release any further messages between former Detroit Mayor Kwame Kilpatrick and his ex-chief-of-staff,” wrote The Detroit News.

“‘This court found no examples of possible illegal activities unrelated to the firing of police officers investigating Mayor Kwame Kilpatrick and Ms. Christine Beatty’ that should be released, Wayne Circuit Judge Robert Colombo Jr. said in a letter to The Detroit News after reviewing thousands of the text messages.”

 

Plan would reduce Macomb, Oakland judges

“Macomb and Oakland counties may lose a total of three judges under a plan passed by the state House of Representatives today,” according to the Detroit Free Press.

“State Rep. Jon Switalski, D-Warren, introduced the plan to allow county commissioners to voluntarily remove circuit court judges from 2011 to 2013 to help erase deficits that are eroding services.”

Michigan Court of Appeals dismisses challenge to Blue Cross pharmacy benefit contract award

Crains Business Detroit is reporting, “The Michigan Court of Appeals Tuesday night dismissed a preliminary injunction approved last week by the Ingham County Court of Claims that blocked implementation of an $879 million contract to Blue Cross Blue Shield of Michigan.

“The ruling allows the Michigan Department of Management and Budget to schedule a meeting Thursday with the State Administrative Board to grant final approval to the contract, said Patty Russ, DMB’s public information officer.”

‘Love’ artist Stross gets reprieve from court

A local artist originally found guilty of violating a city ordinance involving a mural he painted on the side of his studio will get a new trial after the Michigan Court of Appeals reversed the verdict Tuesday.

The Detroit News is reporting, “Edward Stross, 47, of Roseville was found guilty in 2005 for painting the word “Love” on the side of his Gonzo Fine Arts Studio on Gratiot, as well as the breasts of a nude Eve in a replica of Michelangelo’s ‘Creation of Man.’

“In 2008, Macomb Circuit Judge David Viviano cited the Michigan Court of Appeals decision that found the city’s sign ordinance was unfair because breasts should not be considered genitalia, which would have been a violation of the ordinance.”

Former judges to be honored

“Isabella County officials will honor several former judges today.

As part of the program, six judges – all of whom have served within the past 50 years – will have conference rooms named in their honor,” reports the Morning Sun.

Riley dumps Dubay as township attorney

“After 25 years of service, and with no notification, James Dubay was replaced as Riley Township attorney Oct. 3 night. Robert Vickery, township resident and attorney, was approved by the board as his replacement effective immediately,” reports the Armada Times.

“‘I don’t see why we should stop good council,’ Supervisor Dave Rushing said during the debate on whether to replace Dubay. ‘It does not make sense to me.’

“Dubay, who was in attendance at an October meeting when the subject was first broached, but not at Oct. 3 meeting, had been the Riley attorney for over 25 years. He said that he was not even notified that any action was being taken in regard to his position with the township.”

 

Cox to be deposed Dec. 11 in slain dancer suit

The Detroit News is reporting, “Michigan Attorney General Mike Cox will be deposed next month by the lawyer representing relatives of slain dancer Tamara Greene, although his statements will be sealed until further notice, a federal judge said Tuesday.

“Cox’s deposition in the lawsuit by Greene’s family against the city of Detroit is tentatively planned for Dec. 11.

“Greene, linked to a long-rumored but never proven 2002 party at the Manoogian Mansion, was killed in a Detroit drive-by shooting in 2003. Her family claims city and police officials obstructed the investigation of her murder. The city denies the allegations.

“Cox investigated the rumored party and concluded it was an ‘urban legend.’ State police investigators, who were later deposed by Norman Yatooma, the attorney for Greene’s family, claim Cox quashed their investigation into whether the party ever happened.”

 

Ex-judge sentenced in embezzlement case

“A former Clinton Township District Court judge was sentenced (Tuesday) to six months in jail. He is accused of embezzling thousands of dollars from the trust fund of a client,” reports the Detroit Free Press.

“William Cannon, 75, who retired from the 41-B District Court in Clinton Township in 2005, also was placed on five years of probation and ordered to pay $75,000 in restitution by Macomb County Circuit Judge Richard Carretti.”

 

AG: No pending drunken driving prosecution necessary to get blood alcohol results

A county prosecutor does not need to initiate a criminal prosecution before obtaining blood alcohol test results from a medical facility treating a driver involved in a traffic accident.

That’s the formal opinion of Michigan Attorney General Mike Cox, in response to a query from Alger County Prosecuting Attorney Karen A. Bahrman.

Cox, in Opinion No. 7237, phrased Barhman’s question as “whether, under subsection (6)(e) of section 625a of the Michigan Vehicle Code, MCL 257.625a(6)(e), an actual criminal prosecution must be pending before a prosecutor may obtain the results of blood alcohol tests taken by a medical facility in the course of providing medical treatment to a driver involved in a motor vehicle accident.”

Bahrman had “consistently interpreted this section as authorizing a prosecutor to secure blood alcohol test results before seeking a warrant where an accident occurred that involved other evidence of intoxication while driving.”

Cox, in his opinion, said that Bahrman’s interpretation is correct.

Reading the operative words of MCL 257.625a(6)(e) in context, the phrase “for use in a criminal prosecution as provided in this subdivision [subdivision (e) of subsection (6)]” plainly operates as a limitation on the purpose for which the test results may be used by a prosecutor who requests them, but it does not impose a particular time frame within which a request for results must be made or imply the stage of criminal proceedings that must have been reached before results may be requested or disclosed. That is, once requested, the results of a chemical analysis must be disclosed in order for a prosecutor to use them “to show the amount of alcohol or presence of a controlled substance or both in the person’s blood at the time alleged” in a criminal proceeding. Had the Legislature intended the phrase to only apply in connection with a “pending” criminal prosecution, it could have included this qualifier; in the absence of language providing this additional temporal requirement, however, one may not be implied.