Justia Criminal Law Opinion Summaries

The defendant, a 16-year-old student, was charged with assault with intent to commit great bodily harm less than murder (AWIGBH) under an aiding and abetting theory. The incident involved two other students, TI and CB, who attacked the victim by hitting and kicking him. The defendant did not participate in the physical attack but recorded the incident on his cell phone and shared the video with other students. The prosecution argued that the defendant's recording of the attack encouraged the assailants. Instead of filing a juvenile petition, the prosecution sought to try the defendant as an adult under the automatic waiver statute, arguing that the shoes worn by the assailants were used as dangerous weapons.The 53rd District Court found probable cause to believe that the defendant had aided and abetted the assault and bound him over to the criminal division of the circuit court. The circuit court denied the defendant's motion to quash the bindover and dismiss the charges, concluding that a shoe could be used as a dangerous weapon. The Court of Appeals affirmed the circuit court's decision, with a dissenting opinion arguing that the shoes did not constitute dangerous weapons and that the defendant was not armed with a dangerous weapon.The Michigan Supreme Court reviewed the case and held that for the criminal division of the circuit court to have jurisdiction under the automatic waiver statute, the juvenile defendant must be armed with a dangerous weapon. The Court found no evidence that the defendant was armed with a dangerous weapon during the assault. Consequently, the statutory requirements for automatic waiver were not met, and the criminal division of the circuit court did not have jurisdiction over the defendant. The Court reversed the Court of Appeals' judgment in part, vacated it in part, and remanded the case to the circuit court to grant the defendant's motion to quash the bindover and transfer the case to the family division of the circuit court. View "People Of Michigan v. Oslund" on Justia Law

During an altercation at a party, the defendant pushed the victim in the chest, causing the victim's chest to bleed. Although no one saw the defendant with a knife, the victim's treating physicians concluded that the victim had been stabbed. The defendant was convicted by a jury of assault with intent to do great bodily harm (AWIGBH) and felonious assault.The Isabella Circuit Court sentenced the defendant to concurrent prison terms of 5 to 10 years for AWIGBH and 2 to 4 years for felonious assault. The defendant appealed, and the Michigan Court of Appeals vacated the felonious assault conviction, reasoning that convictions for both AWIGBH and felonious assault were inconsistent because the offenses are mutually exclusive. The prosecutor then applied for leave to appeal to the Michigan Supreme Court, which granted the application.The Michigan Supreme Court held that the defendant's convictions for both AWIGBH and felonious assault did not violate double-jeopardy protections because the AWIGBH statute authorizes multiple punishments for the same conduct. The court noted that the AWIGBH statute explicitly states that it does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same conduct. Therefore, the conflicting intent requirements of the two statutes did not render the convictions mutually exclusive. The court reversed the judgment of the Court of Appeals to the extent it addressed the mutually exclusive verdicts doctrine and reinstated the defendant's conviction of felonious assault. View "People of Michigan v. Mckewen" on Justia Law

In 2015, the defendant drove his vehicle on a freeway while speeding and under the influence of alcohol and controlled substances. He struck the back of another vehicle, resulting in the deaths of two individuals and serious injuries to three others. The defendant was convicted by a jury in the Genesee Circuit Court of multiple charges, including two counts of involuntary manslaughter and two counts of reckless driving causing death.On direct appeal, the defendant argued for the first time that his convictions violated the multiple-punishments strand of double jeopardy, specifically challenging the convictions for both involuntary manslaughter and reckless driving causing death. The Michigan Court of Appeals affirmed the defendant’s convictions.The Michigan Supreme Court reviewed the case and held that under Michigan common law, the mens rea requirement for reckless driving causing death (willful or wanton disregard) is the same as the mens rea requirement for involuntary manslaughter (criminal gross negligence). Therefore, when an involuntary manslaughter charge is based on a theory of gross negligence, the offense does not have an element that reckless driving causing death does not have. Consequently, the Double Jeopardy Clauses of the United States and Michigan Constitutions prohibit convicting a defendant of both offenses. The Court reversed the judgment of the Court of Appeals and remanded the case to the trial court to determine the appropriate remedy for the double-jeopardy violation. View "People of Michigan v. Fredell" on Justia Law

The defendant was convicted by a jury in the Wayne Circuit Court of three counts of torture, three counts of unlawful imprisonment, one count of felonious assault, and one count of possession of a firearm during the commission of a felony. The defendant held his wife and their two children at gunpoint in their home, threatening to kill them and burn down the house. The court sentenced the defendant to various prison terms for these convictions and placed him on the sex-offender registry as a Tier I offender under the Sex Offenders Registration Act (SORA) because two of the unlawful imprisonment convictions involved minors.The defendant appealed his convictions, arguing insufficient evidence for the torture convictions and that his placement on the sex-offender registry violated constitutional protections against cruel or unusual punishment. The Michigan Court of Appeals affirmed the convictions but remanded the case to remove the defendant from the sex-offender registry, concluding that imposing SORA for a crime lacking a sexual component constituted cruel or unusual punishment under the Michigan Constitution. The defendant sought further appeal, and the prosecution cross-appealed regarding the removal from SORA.The Michigan Supreme Court reviewed the case and held that the application of SORA to non-sexual offenders like the defendant constitutes cruel or unusual punishment under the Michigan Constitution. The Court found that the 2021 SORA, despite legislative intent as a civil regulation, imposed punitive effects that outweighed this intent when applied to non-sexual offenders. The Court emphasized that the registry's requirements and the social stigma attached to being labeled a sex offender were excessive and not rationally related to the nonpunitive purpose of public safety. Consequently, the Court vacated the part of the Court of Appeals opinion that extended beyond non-sexual offenders and affirmed the judgment that the defendant and similar offenders should be removed from the sex-offender registry. View "People Of Michigan v. Lymon" on Justia Law

The defendant was convicted by a jury of being a violent felon in possession of body armor after driving from Michigan into Canada without paying a toll. He was arrested by a Canadian customs agent, Officer Lavers, and returned to the U.S., where American customs agent Officer Stockwell took custody of him and a bulletproof vest. The Canadian government did not allow Lavers to testify at trial. The defendant moved to exclude evidence of the vest, arguing it violated the Confrontation Clause since Lavers could not testify. The trial court denied the motion but barred testimony about statements made by Lavers. At trial, Stockwell testified about taking custody of the defendant and the vest based on communications with Lavers. Other evidence included the defendant’s statements about wearing the vest due to threats.The trial court denied the defendant’s motion to vacate the conviction, but the Michigan Court of Appeals reversed, finding that Lavers’s out-of-court statement was testimonial and admitted in violation of the Confrontation Clause. The court also found the error was not harmless beyond a reasonable doubt because the only other evidence supporting the vest’s admission violated the corpus delicti rule. The case was remanded for a new trial. The prosecution appealed to the Michigan Supreme Court.The Michigan Supreme Court held that a defendant’s right to confrontation is violated when a trial witness’s testimony introduces the substance of an unavailable witness’s out-of-court statement if it leads to a clear and logical inference that the statement was testimonial. The court affirmed that the Confrontation Clause was violated but found the Court of Appeals erred in applying the corpus delicti rule to the defendant’s statements. The case was remanded to the Court of Appeals to determine if the Confrontation Clause violation was harmless beyond a reasonable doubt. View "People of Michigan v. Washington" on Justia Law

Police officers observed a parked car with its engine running in an elementary school parking lot at 10:00 p.m. They parked their patrol car 10 feet behind the parked car at a 45-degree angle, with headlights and a spotlight directed at the car. The officers approached the car, noticed signs of intoxication from the driver, and arrested him after he failed field sobriety tests. The driver later consented to a blood draw and admitted to drinking alcohol.The Oakland Circuit Court denied the defendant's motion to suppress evidence of intoxication, arguing it was the result of an unlawful seizure. The Court of Appeals denied interlocutory leave to appeal. The Michigan Supreme Court remanded the case to the trial court to determine when the defendant was first seized for Fourth Amendment purposes. On remand, the trial court granted the defendant's motion to dismiss, finding that the defendant was seized when the patrol car parked behind him. The Court of Appeals reversed, holding that the defendant was not seized when the patrol car parked 10 feet away at a 45-degree angle.The Michigan Supreme Court held that a seizure may occur when a police vehicle partially blocks a defendant’s egress if the totality of the circumstances indicates that a reasonable person would not have felt free to leave. The Court found that the defendant was seized before the officers observed signs of intoxication, considering the police conduct, the time, and the setting. The judgment of the Court of Appeals was reversed, and the case was remanded to determine whether the officer had reasonable suspicion of criminal conduct when the defendant was initially seized. View "People of Michigan v. Duff" on Justia Law

In 2005, the defendant's infant daughter, Nakita, died while under the defendant's care. The defendant claimed Nakita was choking, but after an autopsy, the medical examiner concluded that Nakita died from shaken baby syndrome (SBS). The defendant was convicted of first-degree felony murder in 2006 and sentenced to life in prison without parole. In 2017, the defendant filed a motion for relief from judgment, presenting new expert testimony that challenged the SBS diagnosis and suggested alternative causes of death, such as choking.The Wayne Circuit Court held an evidentiary hearing but ultimately denied the defendant's motion, ruling that the new expert testimony was inadmissible under Michigan Rule of Evidence (MRE) 702. The Michigan Court of Appeals affirmed this decision, agreeing that the biomechanical engineering evidence was inadmissible and that the new evidence did not make a different result probable on retrial.The Michigan Supreme Court reviewed the case and found that the trial court abused its discretion by excluding the expert testimony. The Court held that the biomechanical engineering evidence was relevant and reliable under MRE 702, as it was based on sufficient facts and reliable principles. The Court also determined that the new evidence, including the changed opinion of the original medical examiner and other expert testimony, made a different result probable on retrial. The Court concluded that the defendant had demonstrated "good cause" and "actual prejudice" as required by Michigan Court Rule (MCR) 6.508(D)(3) and satisfied all four prongs of the test established in People v. Cress.The Michigan Supreme Court reversed the lower courts' decisions and remanded the case for a new trial, allowing the new expert testimony to be considered. View "People Of Michigan v. Lemons" on Justia Law

Stephanie Wilson was driving a 2006 Saturn Ion with Malcolm Smith as a passenger when they were pulled over by a police officer surveilling a house for narcotics activity. The officer observed what he believed to be a hand-to-hand drug transaction involving Smith. After stopping the vehicle for a traffic violation, the officer found five empty syringes but no drugs. Wilson denied the officer's claim that she admitted to driving Smith to purchase drugs. The vehicle was seized, and nearly four months later, forfeiture proceedings were initiated.The Wayne Circuit Court granted summary disposition in favor of Wilson, finding that the officer's observation of a hand-to-hand transaction did not necessarily involve drugs. The court did not specify the grounds for its ruling. The plaintiff's motions for reconsideration and relief from judgment were denied. The Michigan Court of Appeals reversed the trial court's decision, holding that a reasonable fact-finder could conclude that Wilson used her vehicle to facilitate a drug purchase, making it subject to forfeiture.The Michigan Supreme Court reviewed the case and reversed the Court of Appeals' decision. The Supreme Court held that under MCL 333.7521(1)(d), a vehicle is subject to forfeiture only if it is used to transport illicit property for the purpose of its sale or receipt. The Court found that the elements of the statute were not concurrently fulfilled in this case. Specifically, while Wilson's vehicle was used to drive to a location where drugs were purchased, there was no evidence that the vehicle was used to transport drugs for the purpose of sale or receipt. Therefore, the vehicle was not subject to forfeiture under the statute. The Wayne Circuit Court’s grant of summary disposition in favor of Wilson was reinstated. View "In Re Forfeiture Of 2006 Saturn Ion" on Justia Law

Stephen M. Butka was accused of groping his two stepdaughters and masturbating in front of them when they were between 13 and 16 years old. He pleaded no contest to one count of third-degree child abuse in exchange for the dismissal of more severe charges. In 2006, he was sentenced to nine months in jail, two years of probation, and required to register as a sex offender. After successfully completing probation in 2008, Butka applied to have his conviction set aside in 2012, 2019, and 2021, but each application was denied, primarily due to the victims' objections.The Otsego Circuit Court denied Butka's applications, citing the ongoing emotional impact on the victims as inconsistent with the public welfare. The Court of Appeals affirmed this decision, relying on the precedent set in People v. Boulding, which required balancing the applicant's circumstances and behavior against the public welfare. The appellate court concluded that the victims' ongoing distress justified denying the application.The Michigan Supreme Court reviewed the case and clarified the interpretation of "public welfare" under MCL 780.621d(13). The Court held that the public welfare cannot be determined solely by the impact on the victims or a limited class of people. The Court found that the lower courts erred by focusing only on the victims' statements and not considering the broader public welfare. The Supreme Court reversed the Court of Appeals' judgment and the trial court's decision, directing the trial court to grant Butka's application to set aside his conviction. View "People v. Butka" on Justia Law

The defendant was convicted by a jury in the Allegan Circuit Court of multiple counts of criminal sexual conduct. During the trial, the presiding judge exchanged emails with the county prosecutor, expressing concerns about the police investigation. The defendant later discovered these communications and moved for a new trial, alleging judicial and prosecutorial misconduct, and ineffective assistance of counsel. The case was reassigned to a different judge, who granted the motion for a new trial due to the appearance of impropriety created by the emails. The prosecution appealed this decision.The Michigan Court of Appeals reversed the trial court's decision, holding that the trial court had abused its discretion in granting a new trial. The appellate court concluded that the trial judge's ex parte communications were permissible for administrative purposes under the judicial conduct code and did not influence the jury's verdict. The defendant then sought leave to appeal to the Michigan Supreme Court.The Michigan Supreme Court reviewed the case and held that the trial judge's ex parte communications violated the Michigan Code of Judicial Conduct. The court found that these communications were not for administrative purposes and created an appearance of impropriety. However, the court concluded that the communications did not show actual bias or a high probability of bias that would violate the defendant's constitutional rights. The court also determined that the trial judge's failure to recuse herself did not result in a miscarriage of justice, as the jury was unaware of the communications and the trial prosecutor did not alter her strategy in response to them. Therefore, the court affirmed the Court of Appeals' decision, holding that the trial court had no legal basis to grant a new trial. View "People of Michigan v. Loew" on Justia Law