Timothy Flynn – Clarkston Legal

6480 Citation Dr., Ste A
Clarkston, MI 48346, United States

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People v Koon

Michigan Supreme Court Opinion Interpreting Driving Under Influence of Marijuana

The Michigan Medical Marijuana Act [MMMA] provides certain immunity from prosecution for the "medical use" of marijuana by a proper card-carrying patient. The MMMA does not, however, allow a card-carrying patient to drive…more
| Criminal Law, Health
People v McQueen

Michigan Supreme Court Outlaws Marijuana Dispensaries

This case arose as a public nuisance case, alleging violations of both the Public Health Code and the Michigan Medical Marijuana Act; it forced the issue of whether a business that charges a service fee to facilitate marijuana…more
| Criminal Law, Health
People v Tony Green

Pot Transfers Between Medical Marijuana Patients Immune from Prosecution

This published opinion is the latest in the budding jurisprudence of medical marijuana. In this decision, the Michigan Court of Appeals affirmed the dismissal of the pot distribution charges brought against Tony Green. He…more
| Criminal Law, Health
People v Bylsma

Medical Marijuana Michigan Supreme Court Opinion

Recently, the Michigan Supreme Court decided the People v Kolanek case in which the High Court clarified the availability of the immunity provision and the affirmative defenses set forth in the Michigan Medical Marijuana Act. …more
| Criminal Law, Health
LA County Dept of Children & Family Services vs Paul M.

Appellate Opinion Grants Marijuana Dad Unsupervised Parenting Time

In California, a medical marijuana smoking father ran into trouble with the Los Angeles County Dept of Children & Family Services. The DCFS interpreted his marijuana use as a sign of neglect, believing the man's 18-month old…more
| Criminal Law, Family Law
Doe and Roe vs Attorney Dean Boland

Child Porn Defense Expert Hit for Civil Judgment; Affirmed on Appeal

This is the 6th Circuit's opinion affirming a district court's award of $300,000 against a child pornography defense expert in the case of Doe and Roe vs Attorney Dean Boland. The civil claim against Boland arose in relation…more
| Constitutional Law, Criminal Law
Casias vs Wal-Mart, Inc.

Medical Marijuana Grounds for Employment Termination in this Opinion of the U.S. Sixth Circuit Court of Appeals

A Wal-Mart employee who had a medical marijuana card issued by the State of Michigan failed a company drug test and was fired. Earlier, the employee had been recognized by Wal-Mart as an exemplary worker; he received the…more
| Criminal Law, Labor & Employment Law
People v France

Defendant's Brief on Appeal [Medical Marijuana Act]

In Oakland County, Michigan, since the passage of the Medical Marijuana Act back in 2008 pursuant to a citizen initiative, the prosecutor has successfully been able to convince district and circuit court judges to adopt a highly…more
| Constitutional Law, Criminal Law
People v Likine

Mich Supreme Court Allows Impossibility Defense in Felony Child Support

The Michigan Supreme Court reversed the Michigan Court of Appeals and ordered the case remanded for a new trial of the child support payor, Selesa Likine. The Likine Court recognized the applicability of the impossibility…more
| Constitutional Law, Criminal Law, Family Law
People v Watkins

Michigan Supreme Court Allows Statutory "Prior Bad Acts" Evidence in Sexual Assault Cases

This 4/3 opinion of the Michigan Supreme Court resolves the conflict between a statute that allows evidence of "prior bad acts" of the accused in sexual assault cases, and the more restrictive evidentiary rule that, until now,…more
| Constitutional Law, Criminal Law
People v Walker

Michigan Supreme Court Rejects Spousal Privacy Law Appeal

The Michigan Supreme Court has rejected the interlocutory appeal from a man charged under Michigan's "unauthorized computer access" statute for allegedly hacking into his former wife's computer. Leon Walker suspected his wife…more
| Criminal Law, Privacy
People v Kolanek

Medical Marijuana Opinion of the Michigan Supreme Court

This case establishes that a defendant arrested and charged with possession of marijuana may assert the statutory affirmative defense set forth in Michigan's Medical Marijuana Act [in section 8 of the Act], and in so doing, is…more
| Criminal Law

Social Media and Privacy Law

Thompson Reuters invited me to present a webinar on the topic of social media and privacy law in the family court context. This document is an outline of that webinar presentation, initially rendered on Thursday, February 23,…more
| Family Law, Privacy
Confidential

Motion for Summary Disposition [Based on prenuptial agreement.]

This is a summary disposition motion we filed in a DO divorce matter in the Oakland County Circuit Court's Family Court Division. Shortly after filing the motion, opposing counsel, who had been uncooperative prior to the filing…more
| Family Law
People vs Timothy Thompkins, Jr.

Court of Appeals Order Vacating Defendant's Conviction

This is a rare event in an appellate attorney's career: the reversal of a jury trial conviction on appeal. In this case, my client, the defendant, was jury-convicted of CSC 2nd (sexual assault, 2nd degree). Although we…more
| Criminal Law
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