May 2020 - Cases for Argument

Mini-Oral Argument on Application Granted

People v Muhammad Altantawi, MSC No. 160436 (COA No. 346775), MOAA granted April 21, 2020.

• Juvenile/Custodial Interrogation/Miranda

The Court directed the parties to address whether the juvenile defendant was subjected to a “custodial interrogation” without being advised of his Miranda rights. 

People v Ernesto Evaristo Uribe, MSC No. 159194 (COA No. 338586), MOAA granted April 24, 2020.

• Medical Treatment Exception to Hearsay/Application of Thorpe

The Court directed the parties to address: (1) whether Dr. Guertin’s testimony about the complainant’s statements to him was admissible under the medical treatment exception to the hearsay rule, see People v Garland, 286 Mich App 1 (2009), and People v Shaw, 315 Mich App 668 (2016); (2) whether Dr. Guertin’s testimony was contrary to this Court’s decision in People v Thorpe, 504 Mich 230 (2019), and/or People v Harbison, 504 Mich 230 (2019); and (3) if error occurred, whether reversal of the defendant’s convictions is warranted.

People v Gregory Carl Washington, MSC No. 160707 (COA No. 336050), MOAA granted May 1, 2020.

• Subject Matter Jurisdiction

The Court directed the parties to address: (1) whether the trial court’s act of resentencing the defendant while an application for leave to appeal was pending in this Court constituted a defect in subject matter jurisdiction; and (2) if so, whether defects in subject-matter jurisdiction can be challenged in a successive motion for relief from judgment. Compare MCR 6.502(G)(2) (only permitting a second or subsequent motion for relief from judgment if it is based on a retroactive change in the law or on a claim of new evidence) and In re Ives, 314 Mich 690, 696 (1946) (“The question of jurisdiction of the subject-matter may be raised at any time.”).

People v Cleophas Andrew Brown, MSC No. 160661 (COA No. 348079), MOAA granted May 1, 2020.

• Suspension of Concealed Pistol License/Notice

The Court directed the parties to address whether (1) in a prosecution for carrying a concealed weapon under MCL 750.227(2), the prosecutor must establish that the defendant had notice under MCL 28.428 that his concealed pistol license had been suspended or revoked; and (2) the Court of Appeals erred in determining that if notice is required, the evidence demonstrated that the defendant was served with adequate notice that he could not legally possess a concealed pistol.

People v Erick Rosean Allen, MSC No. 160594 (COA No. 343225), MOAA granted May 1, 2020.

• Application of Idziak/No Parole Detainer

The Court directed the parties to address (1) whether its holding in People v Idziak, 484 Mich 549 (2009), encompasses parolees who are arrested for a new offense but are not subject to a parole detainer; if so, (2) whether that part of Idziak’s holding was correctly decided; and (3) whether the appellant has established plain error affecting his substantial rights.

People v Darrell John Wilder, MSC No. 160339 (COA No. 327491), MOAA granted May 6, 2020.

• Harmless Error Test

The Court directed the parties to address whether the harmless error test of People v Lukity, 460 Mich 484 (1999), should be refined or amended in all cases, see generally People v Parsley, 500 Mich 1033, 1033 (2017) (LARSEN, J., concurring), or where the question turns on the evaluation of conflicting testimony at trial. 

by John Zevalking
Associate Editor