Articles Posted in OWI

On January 15, 2018, Patrick Barone became the only Michigan lawyer who is Board Certified in psychodrama, sociometry and group psychotherapy.  This certification, provided by the American Board of Examiners, is the culmination of training that he began in 2010.

Mr. Barone first experienced psychodrama in 2007 at the Gerry Spence Trial Lawyer’s College (TLC).  Gerry Spence started the TLC in 1994, and since this time the theory and practices of psychodrama have formed the foundation of what is called the “TLC” method.  Mr. Spence is considered by many to be the greatest living trial lawyer.  When Geoffrey Fieger needed representation, he turned to Gerry Spence, who successfully defending him 2008.  For more information about this trial see the ABA post entitled Spence’s No-Loss Record Stands with Fieger Acquittal.  Since 1994 the staff and students at the TLC have experimented with expanding and improving the TLC method.

While Mr. Barone was training in psychodrama and sociometry it became evident that the methods, tools, interventions, theory, and practice of psychodrama were all cross-purposeful.  They have as much application in, for example, the boardroom as they have in the courtroom, and Mr. Barone has used and continues to use them in both.

Under the First Amendment in the Constitution of the United States, people have a legal right to protest through a demonstration, a march, or a similar public gathering or event. In part, this is because the First Amendment also protects the right of the people peaceably to assemble. While there are some legal restrictions on these types of assemblies or protests, Michigan is currently trying to infringe on the rights of protestors.

Any type of peaceful protest is lawful under the First Amendment, but it is illegal for any protestor to break the law while they are demonstrating. This means that violence will not be tolerated as part of a protest, and protestors cannot sit in the streets to block traffic because this is unlawful. The right to protest is most protected in public places such as parks and sidewalks.

Protesting on private property is another matter altogether. In order to protest on private property, the owner of that property needs to give their permission for the protest to take place. This includes properties such as shopping malls and airports.

The First Amendment protects the free speech of every American in the United States. But the line between free speech and hate speech can sometimes become very blurry, leaving people to question whether an offensive or hateful remark is protected under free speech.

Back in 2010, this question was the focus for many in Michigan when assistant attorney general of Michigan, Andrew Shirvell, began a crusade against Chris Armstrong, the gay student body president of the University of Michigan.

The bottom line is really that under the First Amendment, people are free to speak their minds however they wish, even when their opinions are offensive or controversial. This is how groups like the Klu Klux Klan are still allowed to operate within America’s borders.

The BBC recently reported that judges in the United Kingdom will be receiving guides to help them deal with scientific evidence in the courtroom.  Feedback from the judges has been positive, and the first science primers will address things like DNA and fingerprint evidence, as well as computer programs that (claim to) allow the identification of suspects from the manner of their walk.  While there is no question that judges could benefit from an education in science, are these primers a good idea?

On first blush, the answer seems to be yes.  The primers are said to explain complex scientific concepts simply and without jargon so that judges can understand the legal significance of the science and apply it to the case before them.  They are written by the “foremost experts” in the topics covered, including Nobel Prize-winning scientists.  According to the BBC:

The emphasis nowadays is for courts to be more proactive to actually challenge the prosecution for example and say ‘why is this report admissible? How is it going to help you? Is it really the right report for the issues in this case?

Barone Defense Attorney Ryan Ramsayer recently handled a case in the 48^th District Court and his representation resulted in the case being dismissed.  The reason for the dismissal was an unlawful traffic stop. The facts of this case are as follows:

Client (initials HN) was an OWI 2nd and leaving the scene of an accident. She was a .20 and repeatedly admitted she was drunk on the video. The allegation was that she had rear-ended a car at Orchard Lake and Maple. According to the victim, the subject vehicle then drove west on Maple and turned north on Rose Blvd. The BOL was a “white sedan” heading north on Rose from Maple.

The responding officer arrived at an intersection just north of Maple (a few hundred feet) and encountered a white Buick Verano driven by HN who was westbound and turning North on Rose.