Kolkema Law

08/14/2026

The Michigan Supreme Court has revived the doctrine of diminished capacity in People v. Madison, overruling its 2001 decision in People v. Carpenter.

For about 25 years, Carpenter barred defendants from using evidence of mental illness or impairment — short of legal insanity — to challenge whether they had the specific intent required for certain crimes.

Diminished capacity is not an insanity defense. It does not excuse criminal conduct; it addresses whether the prosecution has proven the required mental state.

Some offenses require specific intent, such as premeditation or intent to achieve a particular result. Under Carpenter, mental-condition evidence generally could not be used to dispute that element unless the insanity standard was met.

Madison changes that. Defendants charged with specific-intent crimes may now introduce relevant mental-condition evidence to argue the prosecution has not proven intent beyond a reasonable doubt, even if they are not legally insane.

The ruling does not create a defense to liability, but it restores the ability to use mental-condition evidence to challenge intent. Michigan courts will now again consider such evidence in appropriate cases, marking a significant shift in criminal law.

08/08/2026

The Michigan Supreme Court has issued a decision that expands the potential reach of the Michigan Consumer Protection Act.

In Attorney General v. Eli Lilly & Co., the Court overruled two prior decisions — Smith v. Globe Life Insurance Co. and Liss v. Lewiston-Richards, Inc. — that had broadly limited the Act's application to regulated or licensed industries.

For years, those cases were read to mean that businesses operating in regulated fields could often avoid liability under the Act, even when accused of deceptive or unfair conduct.

The Court has now rejected that approach.

Under Attorney General v. Eli Lilly & Co., courts must focus not on whether a business is generally regulated, but on whether the specific conduct being challenged is actually authorized by law.

This shift is significant.

The Michigan Consumer Protection Act prohibits unfair and deceptive practices, but Smith and Liss had created a broad exemption for many regulated businesses. The Court found that interpretation went too far.

The case arose from an investigation into insulin pricing by Eli Lilly, but its impact extends well beyond the pharmaceutical industry. It may affect claims involving contractors, real estate, insurance, and other regulated businesses that previously relied on the broader exemption.

In practical terms: A business is not automatically exempt from the Michigan Consumer Protection Act just because it is licensed or regulated. The key question is whether the specific conduct at issue is legally authorized.

This is a major change in Michigan consumer protection law that will affect future litigation for both consumers and businesses.

08/07/2026

An inmate tells a corrections officer he has serious chest pain and could die. The officer allegedly dismisses him. About an hour later, the inmate suffers a heart attack.

Is that automatically a constitutional violation?

In Richardson v. Falk, No. 25-1867, (Aug. 6, 2026), the Sixth Circuit said no — at least not one for which this officer could be held personally liable. The court held yesterday that existing precedent did not clearly establish an obligation to provide immediate medical assistance based solely on verbal complaints where there were no visible symptoms and the officer's delay lasted eight minutes.

The case is a useful example of why "qualified immunity" cases often turn on how specifically prior courts have addressed the same factual situation.

08/04/2026

Michigan’s primary election is tomorrow. Three rules worth knowing:

✅ Polls are open from 7 a.m. to 8 p.m.
✅ Eligible residents can still register in person at their local clerk’s office through 8 p.m.
✅ An absentee ballot generally must be received, not merely postmarked, by 8 p.m.

At this point, hand-deliver any remaining absentee ballot rather than mailing it.

07/28/2026

Gov. Gretchen Whitmer signed Senate Bills 293–294, changing how seized animals in cruelty cases are handled.

✅ Convicted abusers cannot regain the animal.
✅ Courts must order restitution for care and treatment.
✅ Restitution reimburses shelters and agencies for housing, vet care, and rehoming costs.

The laws also update Michigan’s bond-or-forfeit process for covering care costs and determining ownership during pending cases.

Cruelty cases often take months, leaving shelters to provide food, housing, and veterinary care. The changes aim to prevent animals from being returned to abusive situations and shift costs to offenders.

What do you think? Should someone convicted of animal cruelty ever regain custody of the animal?

07/26/2026

Can police search your car just because they find or smell ma*****na? Michigan's Supreme Court says the answer is more complicated than many people think.

Court rules odor insufficient for probable cause under state law

07/22/2026

Charged with drunk driving? The cost of hiring a lawyer should not be another uncertainty.

For most misdemeanor OWI cases that are resolved without a trial, Kolkema Law charges a flat attorney fee of $1,000.

That fee generally includes my personal representation at every court hearing, including:

✅ Arraignment
✅ Pretrial conferences
✅ Plea hearings
✅ Sentencing

Most clients pay no additional attorney fees unless the case requires a motion, an evidentiary hearing, or a trial. If additional legal work is necessary, we will discuss the cost before moving forward.

An OWI charge can affect your driver’s license, employment, finances, and future. You deserve experienced representation at a cost you can understand from the beginning.

Nearly 30 years of legal experience. Local representation. Straightforward pricing.

Contact Kolkema Law to discuss your case.

07/19/2026

On Monday, the Michigan State Police are cracking down on drivers who don’t move over for emergency vehicles. It’s a statewide effort that aims to protect first responders and remind motorists of the state’s “Move Over” laws, which have existed since 1949.

07/17/2026

🏠 Want to Keep Your Home Out of Probate?

A trust can be useful, but it may also be time-consuming and expensive. For many Michigan homeowners, a Lady Bird deed offers a simpler way to transfer real estate at death without probate.

A properly prepared Lady Bird deed may allow you to:

✅ Keep full control of your property during your lifetime
✅ Sell, mortgage, or change your plans without the beneficiary’s consent
✅ Transfer the property automatically at death
✅ Avoid probate for the property

Lady Bird deeds are not right for everyone, but they can be an effective and affordable estate-planning tool.

Contact Kolkema Law to learn whether one is right for you.

This post is for general informational purposes and is not legal advice.