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Upon reflection, 6th Circuit rubs out rearview-mirror decision

By The Associated Press
01.05.09

DETROIT — In an unusual move, a federal appeals court has withdrawn a decision that struck down a Michigan law aimed at restricting what can hang on rearview mirrors.

On Dec. 31, a three-judge panel pulled its Dec. 19 ruling in the case of a man who was caught with drugs, a gun and an open pint of cognac while driving in Westland.

In the Dec. 19 ruling, the court had declared that Michigan's law on mirror ornaments was unconstitutional because it was vague and gave police too much authority to determine whether an object obstructed a driver's view.

Westland police said Lonnie Ray Davis was stopped at 2 a.m. because of a 4-inch Tweety Bird air freshener.

Janice Yates, chief deputy clerk at the Ohio-based appeals court, said she didn't know why the decision was yanked but that a new one would be released. A message was left on Jan. 2 with Judge Boyce Martin Jr., who wrote the opinion.

A professor at George Washington University Law School in Washington said there could be two reasons for the court’s Dec. 31 order.

One reason could be that the court didn't give the state of Michigan a chance to defend the law during the appeal, Orin Kerr said.

Another possible issue: Davis' attorney didn't actually base his appeal on whether the mirror law was constitutional, Kerr said.

"It's very rare for a court to essentially turn a case about one topic into a case about another. This is all very unusual," he said.

Indeed, defense lawyer Richard Helfrick argued that the Westland officer didn't have probable cause to believe Davis had committed a traffic violation or was involved in criminal activity. He didn't directly attack the mirror law.

Davis, an ex-convict, pleaded guilty to gun and drug crimes in federal court and was sentenced to nearly 16 years in prison, all tied to the January 2006 traffic stop. His conviction still stands.


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