SADO and MAACS Attorneys to argue before MSC at October session

October 9 & 10, 2024, Hall of Justice, Lansing MI
Arguments set for October 9 & 10, 2024 

SADO’s Jacqueline McCann, Angel Meneses, Matthew Monahan, and MAACS roster attorney Michael Faraone will present argument before the Michigan Supreme Court on October 9 & 10, 2024, on issues including double jeopardy, consecutive sentencing, and subject matter jurisdiction. 

Angel Meneses, People v Jeffrey Ricardo Wimberly, MSC No. 165229 (COA No. 356052)

Issues: Ex Post Facto/Consecutive Sentencing/Subject Matter Jurisdiction

The Court directed the parties to address: “(1) whether the imposition of consecutive sentences in this case violates the Ex Post Facto Clauses of the United States and Michigan Constitutions, US Const, art I, § 10, cl 1; Const 1963, art 1, § 10, because the criminal conduct preceded the amendment to MCL 750.520b that authorized consecutive sentences; (2) if so, whether the appropriate remedy is to grant the defendant a new sentencing hearing or to direct the sentencing court to amend the judgment of sentence to reflect concurrent sentences; and (3) whether the Calhoun Circuit Court lacked subject-matter jurisdiction to conduct resentencing before the expiration of the defendant’s deadline for applying for leave to appeal the November 24, 2020 judgment of the Court of Appeals, see People v Washington, 508 Mich 107 (2021).” The case is set for argument on October 9, 2024, at 1:30pm.

Matthew Monahan, People v Benjamin Keith McKewen, MSC No.158869 (COA No. 339068)

Issue: Double Jeopardy – AWGBH/Felonious Assault

The Court directed the parties to address: “whether conviction for both assault with intent to do great bodily harm, MCL 750.84, and felonious assault, MCL 750.82, violates the constitutional double-jeopardy protection against multiple punishments for the same offense where MCL 750.84 requires intent ‘to do great bodily harm,’ and MCL 750.82 applies where an assault is committed ‘without intending to commit murder or to inflict great bodily harm less than murder,’ but also where MCL 750.84(3) states ‘[t]his section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same conduct as the violation of this section.’” The case is set for argument on October 10, 2024, at 10:05am.

Jacqueline McCann, People v Christian Andrew Gardner, MSC No. 163124 (COA No. 350756)

Issue: Double Jeopardy – AWIM/Felonious Assault

The Court directed the parties to address “whether conviction for both assault with intent to murder, MCL 750.83, and felonious assault, MCL 750.82, violates the constitutional double-jeopardy protection against multiple punishments for the same offense where MCL 750.83 requires intent ‘to commit the crime of murder,’ and MCL 750.82 applies where an assault is committed ‘without intending to commit murder or to inflict great bodily harm less than murder.’” The case is set for argument on October 10, 2024, at 10:35am.

Michael Faraone, People v Frederick Michael Fredell, MSC No. 164098 (COA No. 351971)

Issue: Double Jeopardy – Reckless Driving Causing Death/Involuntary Manslaughter

The Court directed the parties address “whether conviction for both involuntary manslaughter, MCL 750.321, and reckless driving causing death, MCL 257.626(4), violates the constitutional double-jeopardy protection against multiple punishments for the same offense where the theory under which defendant was convicted of involuntary manslaughter requires that defendant act with ‘gross negligence’ in committing an unintentional killing, People v Holtschlag, 471 Mich 1, 21-22 (2004), and MCL 257.626(4) requires that defendant cause a death with ‘willful or wanton disregard for the safety of persons or property.’” The case is set for argument on October 10, 2024, at 11:05am.

Case briefs and related materials are available at this link.

The arguments can be watched at this link.