Satawa Law recently has won another Title IX hearing, as the office for title 9 and institutional equity at University in Western Michigan “unanimously determined that the preponderance of evidence does not support a finding that the responded engaged in sexual assault or sexual harassment.”Read More

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At long last, Michigan appears to be on its way to changing the rules of the State’s Sex Offender Registration Act – and with these changes bring some much needed sanity to a law much in need of it. Currently, Michigan’s Sex Offender Registration Act, MCLA 28.721 et. seq., is a “one tier” system. This means that anyone convicted of a “listed” sex offense in Michigan is put on the same registry. The act makes no distinctions between dangerous child predators convicted of molesting young children, and teenagers accused “statutory rape” (MCLA…Read More

Despite significant scientific controversy surrounding the idea that a human can shake an infant hard enough to cause significant damage (without first injuring the baby’s neck), prosecution of shaken baby syndrome continues. A misdiagnosis of shaken baby syndrome, also called abusive head trauma, (SBS/AHT) causes irreparable harm to the child and the adult caregivers who might face allegations of child abuse, yet neither legal professionals in the child welfare system nor prosecutors apply the same level of scrutiny or objectivity to diagnoses of SBS/AHT as they would with other medical…Read More

A hot-off-the presses published opinion of the Court of Appeals has finally determined that registration under Michigan’s Sexual Offenders Registration Act (SORA) is a “direct consequence” of guilt. People v Fonville, No. 294554 (Decided January 25, 2011). As a “direct consequence,” it is ineffective assistance of counsel to not identify this requirement to a defendant who is considering a plea offer for a charge that requires registry. Before now, criminal defendants all too frequently agreed to plead guilty and take their punishments by way of jail or prison time, only to…Read More

As if we needed yet another reminder, the United States Sixth Circuit Court of Appeals has “reminded” everyone once again that it is NEVER safe to possess child pornography – even for a “legal” purpose like an attorney or an attorney’s expert using it as an exhibit in court. On January 19, 2011, the Sixth Circuit reversed a ruling by a Federal District Court Judge in Ohio that an Ohio lawyer was not guilty of “creating” child pornography for use as exhibits in defending child porn charges in court. The lawyer, Dean Boland, was…Read More

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