SADO Attorneys to Argue before Michigan Supreme Court in April

SADO's Lindsay Ponce and Mike Waldo will present arguments to the Michigan Supreme Court at its April 2021 session. 

Lindsay Ponce will argue for Erick Rosean Allen, Docket No. 160594, on the application of Idziak to parolees arrested for a new offense with no parole detainer. The Court directed the parties to address (1) whether the Court’s holding in People v Idziak, 484 Mich 549 (2009), encompasses parolees who are arrested for a new offense but are not subject to a parole detainer; if so, (2) whether that part of Idziak’s holding was correctly decided; and (3) whether the appellant has established plain error affecting his substantial rights. The case is set for argument Wednesday, April 7, 2021, at 10:30am. 

Mike Waldo will argue for Ernesto Evaristo Uribe, Docket 159194 on the issue of a medical treatment exception to hearsay. The Court directed the parties to address: (1) whether Dr. Guertin’s testimony about the complainant’s statements to him was admissible under the medical treatment exception to the hearsay rule, see People v Garland, 286 Mich App 1 (2009), and People v Shaw, 315 Mich App 668 (2016); (2) whether Dr. Guertin’s testimony was contrary to this Court’s decision in People v Thorpe, 504 Mich 230 (2019), and/or People v Harbison, 504 Mich 230 (2019); and (3) if error occurred, whether reversal of the defendant’s convictions is warranted. The case is set for argument Thursday, April 8, 2021, at 10:40am. 

The Supreme Court’s case summaries and the briefs filed by the parties are available here.

Watch live streaming arguments here.