William B. Murphy
William B. Murphy was a judge on the Third District Court of Appeals in Michigan from 1988 to 2019. Governor James Blanchard appointed Murphy in 1988. He left the court after his term expired on January 1, 2019. Murphy was unable to run for re-election because he passed the mandatory retirement age of 70 years.[1][2]
Murphy served as chief judge from November 2009 until January 2015 and as chief judge pro tempore from 1992 to 1996.[2][3]
Murphy ran for election to the Michigan Supreme Court in 2014 as a Democrat.[4]
Education
Murphy earned his bachelor's degree from Michigan State University and his J.D., cum laude, from Wayne State University.[2]
Career
Before he was appointed to the Third District Court of Appeals, Murphy served as a member of the East Grand Rapids City Commission, as a law clerk for the Michigan Court of Appeals, and worked as an attorney in private practice. When he served on the state court of appeals, Murphy was a lecturer for the Michigan Judicial Institute, various bar associations and continuing legal education programs, and had been an adjunct professor at Michigan State University College of Law.[2]
Awards and associations
- Member, State Bar of Michigan
- Trustee, Michigan State Bar Foundation
- Past trustee, Grand Rapids Bar Association
- Past commissioner/past chair, Judicial Tenure Commission
- Member, Open Justice Commission
- Member, Michigan Justice Project: Judicial Executive Committee and Strategic Planning Committees[5]
Political affiliation
Murphy ran for a seat on the Michigan Supreme Court on the Democratic ticket in 1996 and 2014.[6][7]
Elections
2014
Murphy ran for election to the Michigan Supreme Court. He was defeated in the general election on November 4, 2014, after receiving 14.2 percent of the vote. He competed against Brian Zahra, Richard Bernstein, James Robert Redford, and Doug Dern for two open seats. Murphy was nominated as a candidate at the Democratic convention.[4]
Endorsements
- Michigan Association for Justice[8]
- Michigan Education Association
- Michigan Laborers District Council
- SEIU Michigan State Council
- United Automobile Workers[9]
2012
Murphy was re-elected to the Third District Court of Appeals after running unopposed in the general election on November 6, 2012.[10][11]
- See also: Michigan judicial elections, 2012
Noteworthy cases
Canine sniff not a search under Fourth Amendment (2008)
In a two to one decision, the Michigan Court of Appeals overturned a district court ruling that suppressed evidence obtained by using dogs to sniff outside a house for drugs. Police used the drug dogs' signal to obtain a search warrant to enter the residence, where they found marijuana and a gun. According to the Toledo Blade, Judges E. Thomas Fitzgerald (Michigan) and William B. Murphy, citing U.S. Supreme Court precedent, said a canine sniff is not a search as defined under Fourth Amendment law. They said there is no reasonable expectation of privacy at the entrance to a property that is open to the public, including the front porch of a home. In dissent, Judge Stephen Borrello wrote, "A person's home is not some abstract place or location for which it is unclear whether the person has a reasonable expectation of privacy."[12]
Artist wins First Amendment case (2009)
In a two to one decision to reverse a decision from a lower court's misdemeanor conviction by a jury, Judges William B. Murphy and Michael Smolenski determined that "'[p]rohibiting lettering completely appears to be an excessive restriction compared to the interests sought to be advanced. Indeed, it does not appear the word 'Love' on the mural would distract motorists or impact the aesthetic value of the neighborhood. The judges say the variance "was an unconstitutional regulation of speech, infringing on defendant's First Amendment protections.'" Artist Edward Stross benefited from the ruling that overturns his 2005 conviction. He had been convicted for violating a zoning variance, according to The Macomb Daily. Judge Bill Schuette dissented, writing the mural is not protected by the right to free speech because he considers it to be an "advertisement" or "commercial speech... Although not selling anything directly, the mural gives credibility to Stross as an artist. The obvious economic motivation for the mural is to draw attention to defendant's talent in hope of attracting persons in need of an artist's service," Schuette wrote.[13]
Recent news
The link below is to the most recent stories in a Google news search for the terms Michigan Court of Appeals. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
Footnotes
- ↑ Legal News, "Court of Appeals Judge William Murphy was celebrated after his last case call," November 14, 2018
- ↑ 2.0 2.1 2.2 2.3 Michigan Courts, "Court of Appeals Third District Judges," accessed August 26, 2014
- ↑ MLive.com, "Grand Rapids Judge William B. Murphy named new chief judge for Michigan Court of Appeals," November 10, 2009
- ↑ 4.0 4.1 Michigan Department of State, "2014 Unofficial Michigan General Candidate Listing," accessed August 26, 2014
- ↑ State Bar of Michigan, "Press release," July 23, 2004
- ↑ MLive.com, "Chief Appeals Court Judge William Murphy seeks Democrats' nod for Michigan Supreme Court seat," August 19, 2014
- ↑ MLive.com, "Grand Rapids Judge William B. Murphy named new chief judge for Michigan Court of Appeals," November 10, 2009
- ↑ Michigan Association for Justice, "Michigan Association for Justice Endorses Judge Bill Murphy for Michigan Supreme Court," accessed September 16, 2014
- ↑ Elect Judge Bill Murphy for Supreme Court, "Endorsements," archived September 16, 2014
- ↑ Michigan Department of State, "Unofficial 2012 General Election Results: 3rd District Court of Appeals Judge"
- ↑ Michigan Department of State, "2012 Unofficial Michigan Primary Candidate Listing," July 31, 2012
- ↑ Toledo Blade, "Mich. court relaxes guide for police dog drug search," May 22, 2008
- ↑ The Macomb Daily, "'Gonzo' wins legal victory over artwork," November 12, 2009
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