Cases for Argument – August, 2021

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

CALENDAR CASES

People v Robert Lance Propp, MSC No. 160551 (COA No. 343255).

• Expert Funds/MCL 768.27b Evidence

The Court directed the parties to address: 1) whether the Court of Appeals correctly applied People v Kennedy, 502 Mich 206 (2018), when it affirmed the trial court’s decision to deny the defendant’s motion for expert funding; and (2) whether the Court of Appeals correctly held that evidence of other acts of domestic violence is admissible under MCL 768.27b regardless of whether it might be otherwise inadmissible under the hearsay rules of evidence. Mr. Propp is represented by SADO’s Steven Helton. 

ORAL ARGUMENT ON APPLICATIONS 

People v Theodore Paul Wafer, MSC No. 153828 (COA No. 324018).

• Double Jeopardy

The Court directed the parties to address whether the defendant’s convictions for second-degree murder, MCL 750.317, and statutory manslaughter, MCL 750.329(1), violate constitutional prohibitions against double jeopardy. See People v Miller, 498 Mich 13 (2015). Mr. Wafer is represented by SADO’s Jacqueline McCann. 

People v Rodney Jamar McKee, MSC No. 157646 (COA No. 333720)/People v Clifford Durrell McKee, MSC No. 157581 (COA No. 336598).

• Admission of Codefendant’s Statement

The Court directed the parties in these combined cases to address whether the trial court erred in failing to grant the appellants’ motion for a mistrial because their substantial rights were impaired by the admission of a codefendant’s statement to the police. See Zafiro v United States, 506 US 534, 539 (1993), and People v Hana, 447 Mich 325, 345-346 (1994). Clifford McKee is represented by MAACS roster attorney Alona Sharon. 

People v James Curtis Beck, MSC No. 160669 (COA No. 342043).

• Retrial/Double Jeopardy

The Court directed the parties to address: (1) whether the defendant’s retrial in Docket No. 2016-000309-FH was barred by the Double Jeopardy Clauses of the federal or state constitutions, US Const, Am V; Const 1963, art 1, § 15; (2) if so, whether vacating his convictions in that case would also warrant a new trial, resentencing, or any other remedy in the jointly tried case, Docket No. 2017-001376-FC; and (3) whether the trial court improperly imposed a mandatory minimum sentence of 25 years for an act of first-degree criminal sexual conduct (Count II) that was not charged as carrying such a minimum. See Alleyne v United States, 570 US 99, 109-111 (2013); Apprendi v New Jersey, 530 US 466, 476, 478-479 (2000). Mr. Beck is represented by SADO’s Christine Pagac.

People v Joel Eusevio Davis, MSC No. 160775 (COA No. 332081).

• Double Jeopardy

The Court directed the parties to address (1) whether the defendant’s convictions under MCL 750.81a(3) and MCL 750.84 violate constitutional prohibitions against double jeopardy, see People v Miller, 498 Mich 13 (2015); and (2) if so, whether the defendant is entitled to relief. See People v Carines, 460 Mich 750 (1999). Mr. Wafer is represented by SADO’s Jacqueline McCann. 

The schedule of arguments with the approximate start times for arguments in the cases will be posted on the Supreme Court’s homepage
(http://courts.mi.gov/courts/michigansupremecourt/pages/default.aspx) on September 13, 2021.

The Supreme Court summaries of the cases and the briefs filed by the parties will be available on the Court’s website soon.

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

by John Zevalking
Associate Editor