Mini-Oral Argument on Application Granted

People v Menayetta Michell Yeager, MSC No. 164055 (COA No. 346074), MOAA granted May 25, 2022.
“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.

by John Zevalking
Associate Editor