Oral Argument on Applications

People v Frank King, MSC No. 162327 (COA No. 346559)

Issue: Waiver of Counsel

The Court directed the parties to address: (1) whether the Court of Appeals erred in concluding that the trial court’s failure to comply with the requirements of People v Anderson, 398 Mich 361 (1976) and MCR 6.005(D) did not warrant reversal; and (2) whether the standard of review for unpreserved constitutional errors set forth in People v Carines, 460 Mich 750, 764 (1999), should apply where a criminal defendant argues on appeal that his waiver of counsel was invalid. The case is set for argument on March 1, 2023, at 3:15 p.m. Mr. King is represented by SADO’s Jacqueline McCann.

People v Demario Deshawn Bonds, MSC No. 163110 (COA No. 346871)

Issue: Speedy Trial Rights

The Court directed the parties to address: (1) whether the 26-month delay between the defendant’s arrest and his trial violated the defendant’s speedy trial rights. People v Williams, 475 Mich 245 (2006); Barker v Wingo, 407 US 514, 532 (1972); and, if so, (2) whether defense counsel’s failure to raise a speedy trial violation claim on direct appeal constituted ineffective assistance of appellate counsel and warrants relief from judgment. The case is set for argument on March 2, 2023, at 10:00 a.m. Mr. Bonds is represented by MAACS roster attorney Rachel K. Wolfe.

People v Stephen Matthew Butka, MSC No. 164598 (COA No. 356977), MOAA granted January 25, 2023

Issues: MCL 780.621(14)/Definition of
“Public Welfare”

The Court directed the parties to address: (1) whether the Court of Appeals correctly defined “public welfare” under former MCL 780.621(14), 2016 PA 336; and (2) whether the trial court abused its discretion by concluding that it was not “consistent with the public welfare” to set aside the defendant’s conviction based solely on victim statements in opposition to the expungement. 

by John Zevalking
Associate Editor

The Supreme Court case summaries and the briefs filed by the parties are available at
https://www.courts.michigan.gov/courts/supreme-court/schedule-of-oral-arguments/

Watch live streaming arguments at
https://michigansupremecourt.viebit.com/live/?v=7e41f3a2-4589-43a4-a189-8a9b8b891702&s=false