SADO Attorneys to Argue in Michigan Supreme Court April Session

Arguments set for April 6, 2022
SADO’s Angeles Meneses and Matthew Monahan will argue before the Michigan Supreme Court at its April 2022 session, April 6, on issues including the application of Beck to OV 1 and whether MCL 769.1k(1)(b)(iii) (imposition of court costs) deprives defendants of the right to an impartial magistrate.

ORAL ARGUMENT ON APPLICATIONS

Matthew Monahan, People v Antonio Jackson, MSC No. 162908 (COA No. 344242)

•    OV 1/Beck

The Court directed the parties to address whether the trial court’s scoring of Offense Variable 1 at 15 points for pointing a firearm at the victim or touching the victim with a firearm was improper in light of the jury verdict acquitting the appellant of felon-in-possession and felony-firearm charges. See People v Beck, 504 Mich 605 (2019). The case is set for argument on April 6, 2022, at 10:40 a.m.

Angel Meneses, People v Travis Michael Johnson, MSC No. 163073 (COA No. 351308)

•    MCL 769.1k(1)(b)(iii)/Impartial Judge

The Court directed the parties to address whether MCL 769.1k(1)(b)(iii) deprives criminal defendants of their right to appear before an impartial judge, see Tumey v Ohio, 273 US 510, 532 (1927), or otherwise prevents the judicial branch from “accomplishing its constitutionally assigned functions,” see Nixon v Administrator of General Services, 433 US 425, 443 (1977). The case is set for argument on April 6, 2022, at 11:40 a.m.

The Supreme Court summary and the parties briefs are available here.

Watch live streaming arguments here.