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LegalwriterOne

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  1. I was convicted of Neg Hom, but was charged with ouil causing death. I was only charged with the single count. After the close of proofs the judge instructed the jury they could find me guilty of negligence as a lesser charge to ouil/w death; which it is not. Case law states that even if it was a lesser charge bringing it so late would've  denied me my day in court on the negligence charge. I was never arraigned on neg, i neither prepared nor prevented a defense on neg. i also find it important to mention michigan has repealed the neg. statute, for vagueness.

     

    How would u attack this conviction. Can i succesfully raise a  jurisdictional issue. Is it just a manifest in justice. should i bring IA. Is the conviction even "valid".

     

    thanx for any comments

     

    rick

    1. LegalwriterOne

      LegalwriterOne

      Negligent homicide still exists under the umbrella of involuntary manslaughter and is still a lesser included offense to drunk driving causing death.  The repeal wasn't for any finding of vagueness and there are recent unpublished decisions where the charge has been added without objection.  As a lesser included offense, all the elements of one are in the other and the court has the ability to instruct on the lesser included offense upon the request of counsel or on its own.  Both offenses carry a 15 year max so you haven't lost anything and it's not a jurisdictional issue.  Consult a local attorney. 

  2. :I was ordered to pay child support over 8 years ago and my childrens mother had told the courts that she never filed for the child support  against  me at all and we have been together now for 12 years and they had summoned  me to go to court again saying im in civil contempt and ive been in my childrens life since theyve been born how would i get it dismissed 

    1. LegalwriterOne

      LegalwriterOne

      If she's receiving welfare, the county/state got the order so they are reimbursed for the funds they're providing....

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