July, 2020: Cases for Argument

Mini-Oral Argument on Application Granted

In re T J Diehl (Minor), MSC No. 160457 (COA No. 345672), MOAA granted July 1, 2020.

• Juvenile Adjudicative Process

The Court directed the parties to address: (1) whether the Juvenile Code allows a family court to revoke its previous authorization of a juvenile delinquency petition over the objection of the prosecution; (2) whether MCL 780.786b provides family courts with the independent authority to remove an already authorized delinquency matter from the adjudicative process without the prosecution’s consent; (3) whether the family court’s decision to “unauthorize” two delinquency petitions encroached on the prosecution’s charging authority in violation of the Separation of Powers Clause, Const 1963, art 3, § 2; and (4) to the extent that the family court erred, whether that error was harmless.

People v Juan Martinez III, MSC No. 160060 (COA No. 341147), MOAA granted July 2, 2020.

• Evidence of Complainant’s Prior Threat to Report Assault

The Court directed the parties to address: (1) whether the trial court erred by granting the prosecution’s motion in limine to bar the defendant from presenting evidence of an alleged prior threat by the complainant to report an assault; and (2) if so, whether the error was prejudicial.

by John Zevalking
Associate Editor