State Supreme Court reinstates first-degree murder conviction
KALAMAZOO, Mich. (AP) — The Michigan Supreme Court has reinstated a first-degree murder conviction against a man who stabbed a woman 29 times in 2014.
Christopher Oros killed Marie McMillan, but he claimed it wasn’t premeditated. The appeals court reduced the conviction to second-degree murder, saying there wasn’t enough evidence for the higher crime.
The Supreme Court, however, says the Kalamazoo County verdict should stand. In a 5-2 decision Thursday, the court says Oros had to think about grabbing a knife and “took time for reflection” before stabbing McMillan.
Prosecutors at trial said Oros was going door-to-door as part of a scheme to get money.
In dissent, Justice Bridget McCormack says the law doesn’t allow “shortcuts,” even if they’re tempting. She and Justice David Viviano agreed with the appeals court, which found that first-degree murder didn’t fit.
Court throws out $1M verdict in boy’s death
TRAVERSE CITY, Mich. (AP) — The state appeals court threw out a $1 million verdict in the death of a 6-year-old boy who was riding a bike to see his pony when he was struck by a pickup truck at the Northwestern Michigan Fair.
The court ordered a new trial, saying jurors should have been allowed to consider possible negligence by Ezekiel Goodwin’s father, who allowed him to ride alone on a service road. A judge in Grand Traverse County had specifically instructed jurors to not consider it.
A pickup backed into Ezekiel while he was on a road between his family’s campsite and a barn. The Goodwin family was participating in 4-H events at the 2012 fair near Traverse City. The lawsuit alleged that the road was dangerous and should have been closed to vehicles.
The fair, however, argued that Jeff Goodwin was at fault for allowing his son to ride alone. Goodwin said he believed the road was not open to motor vehicles during the fair, although he conceded that he saw some.
“On the whole, there is significant evidence supporting the conclusion that Jeff knew or should have known that the service drive was being used by motor vehicles. ... Consequently, (the fair) was entitled to argue Jeff’s fault to the jury and the jury should have been allowed to apportion fault to Jeff,” the appeals court said Tuesday.
Enbridge Energy sues shipping firm in spill
LANSING, Mich. (AP) — A Canadian energy company is suing the shipping company whose tugboat anchor allegedly dented an aging oil and gas pipeline in Michigan earlier this year.
MLive reports that Enbridge Energy’s lawsuit filed Tuesday is the third against VanEnkevort Tug and Barge Inc. Enbridge is seeking to recover costs for repairs and assessments made after the alleged April 1 anchor strike beneath the Straits of Mackinac.
Twin oil pipelines were dented during the strike and about 600 gallons (2,270 liters) of mineral oil insulation fluid leaked from two electric cables. Crews capped and sealed the leaking cables in late April.
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