SOUTHFIELD (WWJ) – The Michigan Court of Appeals has issued a stay in a computer hacking trial that was scheduled to start this Thursday.

Leon Walker is charged with the five-year felony after accessing his wife’s email on a shared computer and using some of the information in their divorce proceedings.

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Defense attorney Leon Weiss says in issuing the stay of Walker’s trial, the Appeals Court ordered Oakland County Circuit Court Judge Martha Anderson to issue a written opinion of why she denied his motion to dismiss the charge, and took the Oakland County Prosecutor to task.

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“And the court also said this, quote, “This court concludes that serious questions exist as to whether this felony criminal statute was intended to be applied to domestic relations cases of the sort presented here,” close quote,” said Weiss.

Weiss says if the case goes against his client, parents who check their kids’ facebook accounts could be subject to up to five years in prison. The defense attorney says amendments have been introduced to clarify the Michigan Anti-Hacking Law.

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According to the Fieger Law Firm attorney, Oakland Circuit Court Judge Martha Anderson has 35 days to issue her written opinion of why she rejected the motion to dismiss the charge against Walker.