SADO and MAACS roster attorneys to argue before MSC at January session

January 10 & 11, 2024, Hall of Justice, Lansing, MI
SADO’s Jessica Zimbelman and Garrett Burton and MAACS roster attorney John Ujlaky will present argument before the Michigan Supreme Court on January 10 and 11, 2024. The cases present issues involving automatic stays during the interlocutory appeal process, custodial interrogation and involuntary statements, and the Sex Offender Registry Act. The cases are:

Garrett Burton (SADO), People v Ronald Scott, MSC No. 164790 (COA No. 336815)

Issue: Subject matter jurisdiction of the trial court during the interlocutory appeal process.

The Court directed the parties to address whether its decision in People v Washington, 508 Mich 107 (2021), applies to Mr. Scott's interlocutory appeal. In so doing, the Court directed the parties to respond to three questions: "(1) whether there was an automatic stay in effect during the pendency of defendant’s application for leave to appeal in this Court, see MCR 2.614(D), MCR 6.126, MCR 7.205(E)(3), MCR 7.208(A), MCR 7.209(A)(1), MCR 7.215(F)(1)(a), and MCR 7.305(C)(6)(a); (2) whether any stay prevented the trial court from holding trial or whether it only prevented action related to the non-final order challenged in the prosecutor’s interlocutory appeal, see Alice L v Dusek, 492 F3d 563, 564-565 (CA 5, 2007); Quick-Sav Food Stores, Ltd v Estate of Mattis, unpublished per curiam opinion of the Court of Appeals, issued January 19, 2010 (Docket No. 285414), pp 2-3, citing 5 Am Jur 2d, Appellate Review, § 387, p 174; and (3) whether any stay deprived the trial court of subject matter jurisdiction or whether the failure to comply with that stay was a procedural error subject to review for harmlessness." The case is set for argument on January 10, 2024, at 1:00 pm.

John Ujlaky (MAACS), People v Maher Mohammad Ghunaim, MSC No. 165109 (COA No. 359167)

Issue: Custodial interrogation and involuntary statements.

The Court directed the parties to address: "(1) whether the defendant was subjected to a 'custodial interrogation' without being advised of his rights under Miranda v Arizona, 384 US 436 (1966), when he was a hospitalized patient; and (2) whether the defendant’s statements were 'freely and voluntarily made,' People v Cipriano, 431 Mich 315, 334 (1988)." The case is set for argument on January 11, 2024, at 9:30 am.

Jessica Zimbelman (SADO), People v Cora Ladane Lymon, MSC No. 164685 (COA No. 327355)

Issue: SORA for non-sexual offenses; cruel and/or unusual punishment.

The Court directed the parties to address: "whether requiring a defendant to register as a sex offender under the Sex Offenders Registration Act (SORA), MCL 28.721 et seq., as amended by 2020 PA 295, effective March 24, 2021 (the 2021 SORA), for a non-sexual crime, such as unlawful imprisonment of a minor, constitutes cruel or unusual punishment under Const 1963, art 1, § 16 or cruel and unusual punishment under US Const, Am VIII." The case is set for argument on January 11, 2024, at 10:00 am.

Case briefs and related materials are available at this link.

The arguments can be watched online at this link.