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Clarkston Legal

Should Texting to Someone Driving a Car Be Criminalized?

These days it is nearly universal that texting while driving is a violation of the motor vehicle code, or at least a local ordinance, in the jurisdiction through which you are passing. Now, some law makers are considering whether a person that texts to someone they know is driving should be proscribed conduct as well.
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Clarkston Legal

Where’s the Body? Prosecuting the “No Body” Case

The Corpus Delicti rule mandates that a prosecutor prove that a crime has been committed before a person can be convicted of committing a crime. A dead body is a critical component and establishes the corpus delicti of a murder case.
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Clarkston Legal

Same-Sex Divorce

With all the attention that same-sex marriage has garnered over the past few years, could the focus on same-sex divorce be far behind? The divorce cases, with their attendant issues, are just beginning to manifest.
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Clarkston Legal

Entrapment of A Drunk Vehicle Passenger

This would have made a great appeal had the accused not pled to a lesser charge. A district judge from Brighton accepted a plea from a woman who moved from the passenger seat to the drivers seat of her drunk boyfriend’s truck at the command of a police officer
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Clarkston Legal

Guardianship Bills Seek to Prevent Elder Abuse

An adult guardianship is a probate court proceeding that protects an individual that cannot take care of his own affairs by appointing a fiduciary -a guardian or conservator- to care for the incapacitated individual.
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Clarkston Legal

Student Loans and Divorce

There are two ways we have seen student loan debt affect divorce proceedings. One scenario is where the divorcing spouse, usually a newly-minted professional, has accrued a significant debt balance well into the six-figures; as much as $200,000 in the case of a medical degree.
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