SADO Attorneys to Argue in Michigan Supreme Court April Session

Arguments set for April 4 & 5, 2023
SADO’s Michael Waldo and Emma Lawton will present argument before the Michigan Supreme Court on April 4 & 5, 2023 on issues including whether a person who disavowed all knowledge of unlawful activity is susceptible to scoring under OV 19 and whether convictions and sentences for both felony firearm and felon-in-possession violate double jeopardy.

CALENDAR CASE

Michael Waldo, People v Ryan Ray DeWeerd, MSC No. 162966 (COA No. 349353).

Issues: OV 19/Disavowed Knowledge of Criminal Activity

The Court directed the parties to address whether a defendant who has generally disavowed knowledge of unlawful activity should be considered to have “interfered with or attempted to interfere with the administration of justice ....” MCL 777.49(c). The case is set for argument on April 5, 2023 at 11:00 a.m.

ORAL ARGUMENT ON APPLICATION

Emma Lawton, People v Lashawn Dewon Monroe, MSC No. 163937 (COA No. 358825).

Issue: Double Jeopardy

The Court directed the parties to address whether: (1) the Court’s decisions in People v Calloway, 469 Mich 448 (2003) (convictions for felon-in-possession and felony firearm for the same conduct does not violate double jeopardy), and People v Ream, 481 Mich 223 (2008) (convicting and sentencing a defendant for both first-degree felony murder and the predicate felony does not violate double jeopardy), were correctly decided; and (2) if not, whether they should nonetheless be retained under principles of stare decisis, Robinson v City of Detroit, 462 Mich. 439, 463-468 (2000). The case is set for argument on April 5, 2023 at 12:30 p.m.

Find the case information and parties briefs here.

Watch live streaming arguments here.