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Monday, January 24, 2011

Your Constitutional-Rights-Protect You From Being Convicted-of-a-crime-in-Michigan Without Live Testimony From All The Witnesses Who Offer Evidence Against You

By Michael Nichols

      One of the most important rights of the constitution is the right to require witnesses to come to court and take an oath. The Michigan Court of Appeals just protected that right in an important case called People v Buiie (see link for the full text of the opinion).  The case is important because the Court of Appeals held that a trial court cannot allow a prosecutor to call a witness to testify via 2-way video conference without meeting a very important 2-prong test. "The 2-prong test means that the government must first show that the government is advancing a public interest that outweighs the accused citizen's right to confrontation in bringing the witnesses to trial remotely," said Michigan-criminal-law expert and attorney Mike Nichols.  Nichols added "the second finding is that the method of bringing the witness in to testify remotely preserves all other facets of the right of confrontation."

      The Court cited a long-standing Supreme Court case called Maryland v Craig.  In that case, the state interest was protecting a child who suffered trauma as the result of sexual abuse. The court allowed the child to testify remotely to avoid further trauma. Said Nichols: "a situation like that is the bar to climb over in order to show a state interest that is important enough to outweigh the right of each and every one of us to confront the witnesses in court." Do not retain a lawyer to represent you in a criminal case unless the lawyer understands all of your constitutional protections and is prepared to stand up for them ... and for you.

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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.