MI Supreme Court ‏@MISupremeCourt Feb 20
Recently Adopted Criminal Jury Instructions: Discharge of a Firearm (effective 3/1/16) -
http://buff.ly/1PXUxBe
"
..."M Crim JI 11.37 Discharge of a Firearm from Motor Vehicle
(1) The defendant is charged with intentionally discharging a firearm from a motor
vehicle. To prove this charge, the prosecutor must prove each of the following elements
beyond a reasonable doubt:
(2) First, that the defendant discharged a firearm. 1
(3) Second, that [he / she] did so intentionally, that is, on purpose.
(4) Third, that [he / she] did so from a [motor vehicle / snowmobile / off-road
vehicle].2
(5) Fourth, that [he / she] discharged the firearm in a way that [endangered someone
else / caused physical injury to (name complainant) / caused serious impairment of a body
function to (name complainant) / caused the death of (name complainant)].
[Use (6) where it is alleged that the complainant suffered serious impairment of a body
function:]
(6) Serious impairment of a body function includes, but is not limited to, one or
more of the following: ..."
http://courts.mi.gov/Courts/Michiga...al&utm_source=twitter.com&utm_campaign=buffer
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Michigan police say 6 dead in random shooting spree, suspect arrested
"The accused gunman who police say killed six people and wounded two others during a rampage in Michigan on Saturday night is a married father of two who was working as an Uber driver, USA Today reported.
Jason Dalton, 45, passed a background check when he was hired by Uber, the company told the paper. Dalton had no criminal record and only five traffic violations, police said..."
http://www.foxnews.com/us/2016/02/2...ly-shooting-people-in-kalamazoo-michigan.html
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Execution date set, but Ohio has no lethal drugs
"The Ohio Supreme Court on Friday set an execution date for a condemned killer over the objection of two justices who question establishing dates when the state doesn't have any lethal drugs.
The court ruled 5-2 to schedule James Frazier's execution for Oct. 17, 2019. He was sentenced to death for the 2004 slaying of a woman in a Toledo apartment building where both lived.
The decision means Ohio now has 25 death row inmates with firm execution dates beginning early next year at a time when the Department of Rehabilitation and Correction still can't find drugs to put them to death with. It would have been 26, but one inmate recently had his execution delayed..."
http://www.dispatch.com/content/sto...set-despite-Ohio-not-having-lethal-drugs.html
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Florida House Approves Ten-Juror Death Penalty
"he Florida House is moving forward with a new capital sentencing scheme after the U.S. Supreme Court struck down the existing system just over a month ago. But even with last minute changes, lawmakers are hesitant to completely embrace unanimity.
Under current Florida law, juries in capital cases are supposed to issue an advisory sentence. Rep. Ross Spano (R-Dover) explains it's the next step the Supreme Court took issue with in Hurst v. Florida.
"If the judge sentences the defendant to death the judge must make written findings as to which aggravating circumstances he or she finds that enhance the penalty," Spano says. "It is this issue allowing the judge to find the elements of a crime that enhance the penalty to capital punishment that the court found unconstitutional in Hurst."
Shortly after that ruling, the gears of state began turning in Florida's capital. The state Supreme Court is weighing what the case means for existing death row inmates, and the Legislature is developing a new sentencing system for capital cases. The key sticking point between the chambers is unanimity.
Both agree on unanimity in assigning guilt.
Both agree on unanimity in finding aggravating factors in the penalty phase.
But where they disagree is the final step - recommendation of the death penalty. The House doesn't believe unanimity should be necessary..."
http://deathpenaltynews.blogspot.co...n=Feed:+DeathPenaltyNews+(Death+Penalty+News)
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