SADO attorney to argue before the Michigan Supreme Court

October 7, 2026 | Hall of Justice (Lansing, MI)

MAACS Youth Appellate Defense Counsel Joshua Pease will present argument before the Michigan Supreme Court on October 7, 2026, at 11:15am in the case of In re NDD, MSC No. 169064 (COA No. 370602).

The Court directed the parties to address whether “(1) whether the Livingston Circuit Court Family Division reversibly erred in finding, by a preponderance of the evidence, that the best interests of the juvenile and the public would best be served by granting the prosecution’s motion to waive the court’s jurisdiction over the respondent, see MCL 712A.4(4); MCR 3.950(D)(2); (2) whether, in deciding whether to waive its jurisdiction over the respondent, the family court was required to compare the relative suitability of programs and facilities available in the juvenile and adult correctional systems, see People v Dunbar, 423 Mich 380, 388 (1985); and (3) whether the discretionary waiver statute, MCL 712A.4, violates Apprendi v New Jersey, 530 US 466, 490 (2000), because it authorizes an increase in the respondent’s maximum punishment without a jury determination, beyond a reasonable doubt, of the factors considered in the waiver decision."

Case briefs and related materials are available here. The argument can be watched here.