SADO and MAACS Roster Attorneys to Argue Before MSC at December Session

December 6 & 7, 2023 Hall of Justice, Lansing, MI
SADO’s Mike Waldo and Maya Menlo and MAACS roster attorney John Zevalking will present argument before the Michigan Supreme Court on December 6 & 7, 2023, on issues including the right to resist arrest on reasonable belief it is unlawful, references to acquitted conduct in a PSI, and whether OV 3 should be scored for prophylactic treatment. The cases are:

Mike Waldo (SADO), People v Brandi Marie Hull, MSC No. 164227 (COA No. 354667)

Issue: Right to Resist Arrest on Reasonable Belief the Arrest was Unlawful

The Court directed the parties to address: “(1) whether a person has a right to resist arrest where an arresting officer’s actions cause the person to reasonably believe the arrest is unlawful, Drennan v People, 10 Mich 169, 177 (1862); and (2) whether the prosecution presented sufficient evidence that defendants resisted, obstructed, or opposed a police officer, People v Vasquez, 465 Mich 83 (2001).” The Court further ordered the parties in Docket No. 164195 to address “whether a person may aid another in resisting an unlawful arrest” and the parties in Docket No. 164227 to address “whether counsel was ineffective for failing to request that the jury be instructed that a person has a right to resist arrest where an arresting officer’s actions cause the person to reasonably believe the arrest is unlawful.” The case is set for argument on December 6, 2023, at 12:45pm.

Maya Menlo (SADO), People v Steven Lee Montez, MSC No. 164243 (COA No. 353119)

Issue: Beck/References to Acquitted Conduct in PSIR

The Court directed the parties to address: “(1) whether references to acquitted conduct in the defendant’s presentence investigation report (PSIR) violated his right not to be sentenced on the basis of conduct of which he was acquitted, as articulated in People v Beck, 504 Mich 605 (2019); and (2) whether the defendant’s trial attorney rendered ineffective assistance by failing to object to the references to acquitted conduct in the PSIR.” The case is set for argument on December 7, 2023, at 10:50am.

John Zevalking (MAACS), People v Roosevelt Johnson, MSC No. 164694 (COA No. 358038)

Issue: OV 3/Prophylactic Treatment

The Court directed the parties to address “whether the Court of Appeals erred by affirming the assignment of 10 points to Offense Variable 3, MCL 777.33 for prophylactic treatment following a sexual assault, and in particular whether the holding in People v Barnes, 332 Mich App 494, 500 (2020), lv den 507 Mich 893 (2021), conflicts with the holding in People v Rosa, 322 Mich App 726, lv den 502 Mich 904 (2018).” The case is set for argument on December 7, 2023, at 11:50am.


Find the case information and parties briefs here.

Watch live streaming arguments here.