Donald Owens
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Donald S. Owens is a judge on the Michigan Fourth District Court of Appeals. Judge Owens was appointed to the Court in 1999 and elected in 2000. His current term expires January 1, 2011.[1]
Biography
Judge Owens earned a bachelor's, a master's and a law degree from the University of Michigan.[1]
Legal career
Before he became and appellate judge, Judge Owens served as judge of the Ingham County Probate Court, beginning in 1974. Before that, he was an attorney in private practice in Lansing. [1]
RMGN proposal
Reform Michigan Government Now's (RMGN) proposal to reduce the Michigan Court of Appeals from 28 to 21 judges, based on term expiration dates, would have shifted the court's political power from the Republicans to the Democrats. If passed, the court's political makeup would have been changed from the current 16 Republican judges and 12 Democratic judges to 10 Republican judges and 11 Democratic judges--thereby eliminating six Republican judges and one Democratic judge. Judges appointed by the Democratic Governor Jennifer Granholm would not have been removed. The judges that were targeted by the Reform Michigan Government Now proposal were: Pat Donofrio, Joel Hoekstra, Donald Owens, David Sawyer, William Whitbeck, Kurtis Wilder, and Helene White--the only Democrat affected by these removals.[2]
Court rules in absentee ballot suit
The appellate court ruled that state election law does not give election clerks the authority to mail unsolicited applications for absentee ballots, according to Michigan Life. Further, Judges Donald Owens, Patrick Meter and Bill Schuette wrote that "mailing the applications to only those 60 and older 'undermines the fairness and evenhandedness of the application of election laws in this state.'" Carmella Sabaugh, whose name will appear on the ballot in the 2008 election, had been mailing absentee ballot applications in 2006. According to the article, "The court said Sabaugh did not mail applications to other groups of people who can qualify for absentee ballots such as those who need assistance at the polls, are out of town on Election Day or cannot attend the polls because of religious reasons."[3]
Court orders new trial
In a two-to-one decision, the Michigan Court of Appeals determined that because the jury was not notified that a victim of a traffic crash had been smoking marijuana, the conviction of Matthew Soars was be thrown out and he will stand in a new trial. Soares, who had been drinking, ran a stop sign and then collided into William Day, who was riding his motorcycle. Day subsequently died. "Accordingly, we conclude that the trial court abused its discretion in granting the prosecutor's motion to exclude evidence of Day's use of marijuana at the time of the accident, reverse defendant's conviction, and order a new trial," wrote Judges Donald S. Owens and Peter D. O'Connell in the majority opinion. But Judge Alton Davis voted that the conviction should stand. "Again, I conclude that this case presents a close evidentiary question, and the majority inappropriately substitutes its own judgment for that of the trial court," Davis wrote. "I would hold that the trial court did not abuse its discretion in excluding the evidence."[4]
See also
External links
- Dolan Media
- Meijer gets judge to hide papers
- Judge rules on Mother's parental rights
- Primary ruling likely to be delayed
- Court says Michigan's presidential primary unconstitutional
- Michigan Court of Appeals rules on property
- New trial ordered in deadly drunk driving case because victim tested positive for pot
- Court rules against prisoner fighting parole board's lifer policy
- Michigan Court of Appeals rules in above-threshold assurance case
- State of the Judiciary Message
References
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