Cases for Argument – January 2021

The following criminal cases are scheduled for argument before the Michigan Supreme Court by Zoom on January 6 & 7, 2021: 

ORAL ARGUMENT ON APPLICATIONS

People v Gerald Magnant, Docket No. 159371; People v John Francis Davis, Docket No. 159373 

• Knowledge Requirement for Violation of Tobacco Products Tax Act

The Court directed the parties to address: (1) whether MCL 205.428(3) requires proof that the defendants knew that they were transporting cigarettes in a manner “contrary to” the Tobacco Products Tax Act (TPTA), MCL 205.421 et seq.; (2) whether nonsupervisory employees fall within the definition of “transporter” under MCL 205.422(y); and (3) if so, whether the TPTA’s definition of “transporter” satisfies due process by putting the defendants on fair notice of the conduct that would subject them to punishment. The case is set for argument at the morning session, January 6, 2021.

People v Juan Martinez III, Docket No. 160060 

• 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. The case is scheduled for argument at the morning session, January 6, 2021.

In re T J Diehl (Minor), Docket No. 160457  

• 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. The case is set for argument at the afternoon session, January 6, 2021.

People v Muhammad Altantawi, Docket No. 160436 

• Juvenile/Custodial Interrogation/Miranda

The Court directed the parties to address whether the juvenile defendant was subjected to a “custodial interrogation” without being advised of his Miranda rights. The case is set for argument at the morning session, January 7, 2021.

People v Terry Lee Ceasor, Docket No. 159948 

• 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. The case is set for argument at the morning session, January 7, 2021.

People v Christopher Louis Sindone, Docket No. 159709 

• 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). The case is set for argument at the morning session, January 7, 2021. Mr. Sindone is represented by MAACS roster attorney Kristina Dunne. 

The Supreme Court’s case summaries and the briefs filed by the parties are available at
https://courts.michigan.gov/courts/michigansupremecourt/oral-arguments/2020-2021/pages/default.aspx

Watch live streaming arguments at
https://www.youtube.com/c/MichiganSupremeCourt/featured

by John Zevalking
Associate Editor