June, 2018 - Selected Orders

Remand to Mason Circuit Required for
Ginther Hearing

In lieu of granting leave to appeal, the Supreme Court vacated the judgment of the Court of Appeals affirming defendant’s conviction and remanded to the circuit court for a Ginther hearing for a determination of whether the defendant was denied the effective assistance of trial counsel where defendant argued on appeal that defense counsel failed to make proper objections to the testimony of the examining physician and failed to properly cross-examine the complainant. People v. Benjamin Bentz, ___ Mich. ___ (#155361, 04-27-18); SADO - Douglas W. Baker. COUNSEL -- Ineffectiveness Of.

Remand to Wayne Circuit Required Where
Defendant Was Erroneously Sentenced as a
Habitual Offender

The Supreme Court remanded to the Wayne Circuit Court Family Division for resentencing without the habitual offender enhancement where the prosecutor conceded that defendant was erroneously sentenced as a habitual offender. In re Deitrick Sanders, ___ Mich. ___ (#156052, 05-01-18); MAACS - Richard W. Glanda. SENTENCE ENHANCEMENT -- General Habitual Criminal Proceedings -- Sentencing.

Remand to Shiawassee Circuit Required for
Determination of Court’s Authority to
Order Costs

In lieu of granting leave to appeal, the Supreme Court remanded to the trial court for consideration of defendant’s claim regarding the trial court’s authority to order the collection of $1,159 in costs and assessments. People v. Steven Jackson; ___ Mich. ___ (#156214, 05-30-18); MAACS - Alanna P. O’Rourke. ECONOMIC PENALTIES -- Costs.

Mini-Oral Argument on
Application Granted

People v Anthony Gestail Tucker, MSC No. 152798 (COA No. 322151), MOAA granted May 25, 2018. 

Issues include: (1) whether the requirements of the Sex Offender Registration Act (SORA) amount to “punishment”; (2) whether SORA is an ex post facto punishment as applied to defendant; and (3) whether requiring defendant to register under SORA is cruel and/or unusual punishment. Oral argument will be scheduled for the same session with People v Snyder, No. 153696. Mr. Tucker is represented by SADO’s Jessica Zimbelman and Sofia Nelson.

People v David Allen Snyder, MSC No. 153696 (COA No. 325449), MOAA granted May 25, 2018.

Issues include: (1) whether the requirements of the Sex Offender Registration Act (SORA) amount to “punishment”; and (2) whether defendant’s conviction for failure to register under SORA is an ex post facto punishment. Oral argument will be scheduled for the same session with People v Tucker, No. 152798. If the circuit court determines that defendant is indigent, SADO will be appointed as counsel for defendant. 

People v Jennifer Marie Hammerlund, MSC No. 156901 (COA No. 333827), MOAA granted May 30, 2018.  

Issue: Whether it is constitutionally permissible for a police officer to compel, coerce, or otherwise entice a person located in his or her home to enter a public place to perform a warrantless arrest. Ms. Hammerlund is represented by SADO’s Jason Eggert. 

People v Alonzo Carter, MSC No. 156606 (COA No. 331142), MOAA granted June 1, 2018.

Issue: Whether defendant was properly assigned 10 points under OV 12. Mr. Carter is represented by SADO’s Doug Baker.

People v Wilbert Joseph McKeever, MSC No. 156161 (COA No. 331594), MOAA granted June 1, 2018.

Issues: (1) whether defendant is entitled to a new trial based on either trial court error or ineffective assistance of counsel where the defense witness that was not produced at trial also did not appear at the post-conviction evidentiary hearing; and (2) whether the witness’s failure to appear at the hearing is attributable to the defense. Mr. McKeever is represented by SADO’s Chari Grove.

People v Harold Lamont Walker, MSC No. 155198 (COA No. 327063), MOAA granted June 1, 2018.

Issues: (1) whether defendant is entitled to a new trial based on the trial judge’s comments to the jury in lieu of the standard “deadlocked jury” instruction; (2) whether OV 19 was improperly scored at 10 points; and (3) if OV 19 was misscored, whether defendant is entitled to resentencing before a different judge. Mr. Walker is represented by SADO’s Adrienne Young.

by John Zevalking
Associate Editor