Paul M. Obert, Jr. v. Shirley Obert (Appeal from Jefferson Circuit Court: CV-23-902540).

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that petitioner’s Fourth Amendment claim was not reviewable where “the record reflects that petitioner was able to present his Fourth Amendment claims to the Michigan courts and that these claims were carefully considered and rejected at the trial level and on appeal”
• setting forth the conspiracy, possession with intent to distribute cocaine, and factors for evaluating whether a defendant has knowingly, possession of a firearm in furtherance of a drug trafficking voluntarily and intelligently waived his Miranda rights
• “Because Machacek concedes that Michigan has a procedural mechanism which presents an adequate opportunity to raise his Fourth Amendment claims, he must establish that a failure of that procedural mechanism somehow prevented him from litigating his claims.”
• “First, the court must determine whether the state procedural mechanism, in the abstract, presents the opportunity to raise a fourth amendment claim. Second, the court must determine whether presentation of the claim was in fact frustrated because of that mechanism.”

Source: CourtListener parenthetical corpus (CC0).