April, 2020: Cases for Argument

Mini-Oral Argument on
Application Granted

People v Anthony Michael Owen, MSC No. 160150 (COA No. 339668), MOAA granted March 23, 2020.

• Police Officer/Objectively Reasonable
Mistake of Law

The Court directed the parties to address whether the arresting deputy made an objectively reasonable mistake of law regarding the applicable speed limit that justified the traffic stop of the defendant’s vehicle. See Heien v North Carolina, 574 US 54 (2014).

People v Christopher Louis Sindone, MSC No. 159709 (COA No. 340328), MOAA granted April 15, 2020.

• Double Jeopardy/Arson

The Court directed the parties to address whether the defendant’s convictions under MCL 750.73 and MCL 750.79(1)(d)(vi) violate double jeopardy, specifically: (1) whether the Legislature expressed a clear intent to allow or disallow dual convictions for both crimes based on the same conduct, and (2) if not, whether the same-elements test requires vacating the lesser conviction. See People v Miller, 498 Mich 13 (2015).

People v Terry Lee Ceasor, MSC No. 159948 (COA No. 338431), MOAA granted April 17, 2020.

• Ineffective Assistance/Failure to
Obtain Expert 

The Court directed the parties to address whether the appellant was denied the effective assistance of trial counsel due to counsel’s failure to seek funds from the circuit court to hire an expert witness or to otherwise obtain and present the testimony of an expert witness.

by John Zevalking
Associate Editor