SADO’s Jacqueline Ouvry and Adrienne Young and MAACS Roster Attorneys Daniel Bremer and Michael Faraone will present argument to the Michigan Supreme Court on May 10, 2023. Case details are: 

Michael Faraone (MAACS), People v Jacquelyne Faye Tyson, MSC No. 162968 (COA No. 350932)

Issue: Carpenter and Diminished Capacity/Stare Decisis

The Court directed the parties to address: “(1) whether People v Carpenter, 464 Mich 223 (2001), should be overruled; (2) if so, whether it should nonetheless be retained under principles of stare decisis, Coldwater v Consumers Energy Co, 500 Mich 158, 172-174 (2017); and (3) if Carpenter is overruled, what relief, if any, the defendant is entitled to, given that she did not seek to admit evidence of diminished capacity at trial.” The case is set for argument on May 10, 2023, at 10:00 a.m.

Daniel Bremer (MAACS), People v Joseph Lee Jones, MSC No. 164110 (COA No. 353209)

Issue: Plea Withdrawal When Preliminary Guidelines Evaluation Changes

The Court directed the parties to address “(1) whether the defendant is entitled to withdraw his plea where the trial court provided an estimated guidelines range with its preliminary evaluation of an appropriate sentence but did not advise the defendant that his final range could be different, see People v Cobbs, 443 Mich 276, 283 (1993); (2) whether the trial court indicated it would consider a sentence within a particular range rather than at the very bottom of the sentencing guidelines; (3) if the trial court did indicate it was looking at a range, whether the range it was considering was sufficiently clear to enable appellate review of whether the trial court imposed a sentence consistent with its preliminary evaluation; and (4) whether the trial court imposed a sentence consistent with its preliminary evaluation.” The case is set for argument on May 10, 2023, at 10:30 a.m.

Jacqueline Ouvry (SADO), In re Parole of Richard Allen McBrayer, MSC No. 164311 (COA No. 357720)

Issue: Consideration of Prior Appellate Decisions in Parole Board Decisions

The Court directed the parties to address: “(1) whether 'substantial and compelling' circumstances existed such that the Parole Board erred in failing to deviate from the guidelines; (2) whether and to what extent the Parole Board was required to consider the appellate opinions reversing its prior grants of parole to the appellant; and (3) whether and to what extent those prior appellate opinions should inform review of the Parole Board’s most recent exercise of discretion.” The case is set for argument on May 10, 2023, at 11:40 a.m.

Adrienne Young (SADO), People v Menayetta Michell Yeager, MSC No. 164055 (COA No. 346074)

Issue: “Heat of passion”/Failure to Request Voluntary Manslaughter Instruction

The Court directed the parties to address: “whether (1) the appellant’s trial attorney engaged in sound strategy by failing to request a voluntary manslaughter instruction; (2) the appellant’s fear of the decedent, based on the decedent’s physical assault of the appellant, carjacking of the appellant, and threats to the appellant, constituted adequate “heat of passion,” justifying a voluntary manslaughter instruction; (3) the decision in People v Raper, 222 Mich App 475 (1997), precludes a finding of prejudice from the absence of a voluntary manslaughter instruction where the appellant was convicted of first-degree murder and the jury was instructed on second-degree murder; and (4) if so, whether Raper was wrongly decided.” The case is set for argument on May 10, 2023, at 12:15 p.m.