Peter O'Connell
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Peter D. O'Connell is a judge on the Michigan Fourth District Court of Appeals. He was elected in 1994 and currently serves in the new Hall of Justice in Lansing, Michigan. His current term expires on January 1, 2013.[1]
Biography
Judge O’Connell earned his Juris Doctor from Detroit College of Law.
Legal career
Judge O'Connell was a Trial Court Judge for 16 years prior to his election to the Court of Appeals and also served as the Chief Assistant Prosecutor in Isabella County. He was the first trial judge in the State of Michigan to obtain a Masters of Judicial Studies Degree from the University of Nevada-Reno. Judge O’Connell has been on the bench since 1979.[1]
Awards and associations
Publications
Judge O’Connell has authored articles in the Detroit Law Review, Criminal Practice Law Review, Colleague, Benchmark, Michigan Bar Journal, and the case book entitled Social Science in the Law.
Court orders new trial
In a 2-1 decision, the 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 should 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 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."[2]
See also
External links
- Institute of Continuing Legal Education
- Michigan Court of Appeals: Peter O'Connell
- Calhoun County Court
- Democrats look to take over on Michigan Court of Appeals
- League of Women Voters
- Car Crash Plaintiff in Controversy
- New trial ordered in death of Almont man
- World Socialist Website
References
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