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48th District Court

Sunday, April 28, 2013

Scared Straight With Judge Kimberly Small

The 48th District Court judge sent students a strong message about choices after presiding over cases during a special visit.

It doesn't take long for the Berkshire Middle School cafeteria to get loud. Like any open space filled with eighth graders, the chatter and raw excitement about a break from the classroom can elevate in a just matter of seconds. Yet it took even less time for 48th District Court Judge Kimberly Small to silence and command the attention of the crowd of about 100 students Friday as she entered the room in her black robe, ready to go to work.  With special permission from the State Court Administrative Office, Small transformed the cafeteria to a courtroom and presided over three cases that represented her usual criminal docket. The special demonstration is part of a larger program Small — an Andover High School and University of Michigan …

Amy German

9:45 pm on Monday, April 29, 2013

What a difference a word makes! I meant to say, "Addiction is a disease." Please accept my deepest apologies.   more ›

Thursday, July 12, 2012

Rifle-Toting Teen Found Not Guilty; Jury Says: 'We Upheld the Law'

A seven-member jury acquitted Troy's Sean Combs of disturbing the peace and brandishing a firearm after the 18-year-old was discovered carrying a rifle in downtown Birmingham.

BLOOMFIELD TWP. — Sean Combs, the Troy 18-year-old arrested for carrying a rifle in downtown Birmingham, was found not guilty Thursday afternoon of brandishing a firearm and disturbing the peace. After nearly five hours of deliberation on Wednesday afternoon and Thursday morning at the 48th District Court, many on the seven-member jury were confident in their final decision. "We upheld the law," said Rev. Julius DelPino, a jury member from Rochester Hills. "Based on how the law is written, (Combs) was not breaking the law." Combs was arrested on April 13 after he was stopped by two Birmingham Police officers while he had his loaded M1 Garand rifle slung over his shoulder. When officers asked for identification, Combs refused. As an adult, …

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Racerahm

4:59 pm on Sunday, July 15, 2012

What about the "Innocent until proven guilty"? Why did the young man have to prove he was old enough to carry the rifle? Weren't the police assuming he was guilty of being too young?   more ›

Wednesday, July 11, 2012

UPDATED: Jury To Resume Deliberatons in Rifle-Carrying Teen's Trial

Sean Combs, of Troy, awaits his fate as a jury weighed disturbing the peace and weapons charges Wednesday for openly carrying his loaded rifle in downtown Birmingham.

  BLOOMFIELD TWP. — After two hours of deliberation Wednesday afternoon, the seven-member jury was unable to reach a verdict on a disorderly conduct charge facing Sean Combs, the Troy 18-year-old that was arrested for openly carrying a rifle through downtown Birmingham. Judge Marc Barron dismissed the panel and ordered them to return to his courtroom at the 48th District Court at 9 a.m. Thursday morning to continue deliberating. The jury, however, did reach a verdict on the charge of brandishing a firearm, though Barron said the verdict shouldn't be revealed until the jury reached a decision on all charges. A third charge of obstructing an officer was dismissed by Barron Wednesday due to lack of evidence. Combs was arrested the night of …

Thursday, June 21, 2012

League of Women Voters Hosts 48th Court Judge Candidates

Candidates including incumbent Diane D'Agostini talk about sobriety court, drunken driving and more at forum for Aug. 7 election candidates.

Residents had a chance to learn more about candidates for 48th District Court judge at a forum for the Aug. 7 primary election Wednesday. Josh Arnkoff, District Judge Diane D'Agostini, and Steven Schwartz participated in the forum at the Bloomfield Township Public Library, hosted by the League of Women Voters Oakland Area. Candidate Gary Sanfield did not participate due to illness. Highlights of the debate included discussion of recent media reports that 48th District Court judges are too harsh on drunken driving offenders after a first-time offender was sentenced to 20 days jail last July. Arnkoff, an assistant prosecuting attorney with Oakland County, said he agreed with a question supposing that some attorneys would rather have their …

John Smith

10:11 am on Monday, July 9, 2012

Vote D'Agostini out. She destroys children and families. She also gleefully supports police raids without warrants on homes in Bloomfield Township looking for teens drinking. She is the one that deserves to be behind bars.   more ›

Wednesday, May 9, 2012

Man Charged For Allegedly Assaulting, Disarming Officer at Bloomfield Jo-Ann Fabrics

Marleaux Webb allegedly injured and disarmed one officer before jumping from the second-level of the fabric store to escape. He was arrested shortly after and the officer was released from the hospital today.

  A Pontiac man faces seven felony counts for allegedly sparking a scuffle with multiple Bloomfield Township police officers at the Jo-Ann Fabrics store Tuesday evening. Marleaux Milton Webb, 24, was charged Wednesday at 48th District Court with multiple counts of assaulting and obstructing a police officer and assault with a dangerous weapon, as well as single counts of assaulting an officer resulting in injury, and disarming an officer. He remains at the Oakland County Jail without bond and is scheduled to appear in court for a preliminary hearing next week. Officers responded to the store about 6 p.m. after receiving calls from employees about a man who was wandering and acting strangely in the store for roughly two to three hours, …

BH Resident

9:03 am on Thursday, May 10, 2012

Alternate Suggested Title: "Man in Leopard Socks Bolts from Fabric Store"   more ›

Friday, October 14, 2011

Judge Small Hears Arguments of Violations on Drunken Driving Cases

Judge who sent basketball star Jalen Rose to jail is known for being hard on first-time offenders, lawyer charges.

A local defense attorney on Thursday asked 48th District Court Judge Kimberly Small to recuse herself from a pending drunken driving case, alleging that she is legislating from the bench by establishing an almost-mandatory minimum jail sentence. The Detroit Free Press reports that Wayne State University law professor Kenneth Mogill said Small's record of "sending a message" to first-time drunken driving offenders by sentencing them to jail denies his client due process during a motion hearing. “Our position is that you have by your very statements, you have made clear that you have a policy of presumptive minimum sentences. And that is a denial of due process," Mogill said, according to the report. Michigan law has no minimum mandatory …

Wednesday, October 12, 2011

Judge Small Asked to Step Down for 'Bias' Against Drunken Drivers

Judge who sent basketball star Jalen Rose to jail is known for being hard on first-time offenders, lawyer charges.

A local attorney is asking 48th District Court Judge Kimberly Small to recuse from an upcoming drunken driving case because she's too tough on first-time offenders. Small is known for her record of "sending a message" to first-time drunken driving offenders by sentencing them to jail. Bloomfield Hills attorney Robert Larin cited Small's "inherent bias" and a precedent from 40 years ago in asking she step down from a case scheduled for Thursday, The Detroit Free Press reports. “This is nothing more than an elected judge legislating from the bench,” California-based attorney Keith Davidson said after Small sentenced former U-M and NBA star Jalen Rose to 20 days jail last summer for rolling his vehicle with a passenger in the car. During the …

susan streng

12:43 pm on Sunday, April 28, 2013

I respect her so much for taking such a hard line on this issue. She is right about getting behind the wheel after drinking and using the vehicle as a weapon. No excuses !!!!! I am sure that there are some individuals that don't need jail time and would be far more productive in using them in the schools and community. Thanks for all you do, Judge Small.   more ›

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