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​Cases Inviting Briefs Amicus Curiae

The cases listed below are those in which the Court has invited the filing of briefs amicus curiae, either by naming persons or groups specifically or by referencing "interested persons or groups" generally, but which have not yet been scheduled for oral argument. The Court's order granting leave to appeal or directing argument on the application can be viewed by clicking on the link in parentheses following the case title.  When available, the statement of the issues to be addressed are quoted verbatim from the Court's order, and indicate whether consideration is limited to the identified issues or whether they are among other issues to be addressed.  If the Court's order does not identify the issues to be addressed, the issues are quoted verbatim from the leave application or the appellant's brief.  The pleadings filed in the cases can be accessed from the Cases Awaiting Argument page. 


The due dates of the amicus briefs are approximate only and may change depending on when the appellee briefs are filed.  Amici curiae are required to file their briefs within the deadline specified in MCR 7.306(D)(1) or as otherwise directed by the Court. Motions to extend time should be filed in advance of the filing deadlines whenever possible and will be granted only upon a showing of good cause. MCR 7.316(B).  A motion to submit a late amicus brief that is filed within two weeks of the scheduled oral arguments in the case will not be decided until after the argument date.  Unless there is a strong showing of good cause, the motion will likely be denied and the amicus brief rejected.​​

  


 
152934, People of MI v Eric Lemontee Beck (MOAA)

Nature of Case: Sentencing, consideration of acquitted conduct

Issues to be addressed: 
(1) the appropriate basis for distinguishing between permissible trial court consideration of acquitted conduct, see People v Ewing (After Remand), 435 Mich 443, 451-452 (1990) (opinion by BRICKLEY, J.); id. at 473 (opinion by BOYLE, J.); see also United States v Watts, 519 US 148 (1997), and an impermissible “independent finding of defendant’s guilt” by a trial court on an acquitted charge, see People v Grimmett, 388 Mich 590, 608 (1972), overruled on other grounds by People v White, 390 Mich 245, 258 (1973); see also People v Fortson, 202 Mich App 13, 21 (1993); and (2) whether the trial court abused its discretion by departing from the guidelines range, where the jury acquitted the defendant of murder, but the court departed based on its finding by a preponderance of the evidence that the defendant had perpetrated the killing.

Invited Amici:
  • Prosecuting Attorneys Association of Michigan
  • Criminal Defense Attorneys of Michigan 
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: July 20, 2018​

Special Note: This case is to be argued at the same session as No. 156746, People v Dixon-Bey.


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155811, Song Yu v Farm Bureau General Ins Co of MI (Leave Granted)​

Nature of Case: Insurance, equitable estoppel

Issues to be addressed:
(1) whether the plain language of the insurance policy precluded coverage; (2) if so, whether and under what circumstances the doctrine of equitable estoppel may be applied to require an insurer to expand coverage that is contrary to the express terms of an insurance contract; (3) whether an equitable estoppel claim requires that (a) a party against whom the doctrine of equitable estoppel is to be applied has full knowledge of the facts and circumstances involved, and (b) justifiable reliance on the part of the party seeking to invoke it is shown; and (4) whether the defendant-insurer should be equitably estopped from denying coverage in this case.

Invited Amici:
  • Director of the Dep't of Insurance and Financial Services
  • Insurance & Indemnity Law Section of the State Bar of Michigan​
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: May 9, 2018



155849, People of MI v Shawn Loveto Cameron, Jr (MOAA​)

Nature of Case: Criminal, court costs under MCL 769.1k(1)(b)(​iii), separation of powers if tax

Issues to be addressed:
(1) whether court costs under MCL 769.1k(1)(b)(iii) should be classified as a tax, a fee, or some other category of charge; and (2) if court costs are a tax, whether the statute violates the Separation of Powers Clause, Const 1963, art 3, § 2, or the Distinct-Statement Clause, Const 1963, art 4, § 32. 

Invited Amici:
  • Prosecuting Attorneys Association of Michigan
  • Criminal Defense Attorneys of Michigan 
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: May 25, 2018​


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156086, Rita Kendzierski v Macomb County (MOAA)

Nature of Case: Collective bargaining, vesting of retiree health care benefits

Issues to be addressed (from the appellant's application):
I. Whether The Court Of Appeals Clearly Erred In Holding That Retiree
Healthcare Benefits Under Macomb County Collective Bargaining
Agreements Are Vested, And Unalterable For The Retirees’ Lifetimes,
Except With The Retirees’ Consent, Where The Agreements Are Silent, And
Unambiguous, As To Vesting, Such That Resort To Extrinsic Evidence To
Find Vesting Is Thus Improper?

II. Whether Alternatively, Even Assuming Arguendo, That The Collective
Bargaining Agreements Were Ambiguous With Respect To Whether Retiree
Healthcare Benefits Were Vested, The Court Of Appeals Clearly Erred In
Holding That, As A Matter Of Law, Extrinsic Evidence Established An
Agreement That The Benefits As Described In The CBAs Were Vested And
Unalterable Without Consent, Such That, At A Minimum A Question Of
Fact Remains For The Trier of Fact?

III. Whether Regardless Of Whether Retiree Healthcare Benefits Vested, The
Court Of Appeals Erred In Ordering That Plaintiffs’ Motion For Summary
Disposition Be Granted, Where Plaintiffs Failed To Demonstrate A Genuine
Issue Of Material Fact As To A Breach Of The CBAs By Virtue Of The
Changes To Healthcare Insurance (Except As To Prescription Drug
Coverage For Non-Medicare Eligible Retirees), Implemented By The County
In 2009 And 2010?

Invited Amici:
  • Michigan Municipal League
  • Michigan Association of Counties
  • Public Corporation Law Section of the SBM
  • Michigan Labor Law Seciton fo the SBM
  • American Federation of State, County, and Municipal Employees
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: April 11, 2018



156180, People of MI v Dorian Lamarr Price (MOAA)

Nature of Case: Double jeopardy

Issues to be addressed:
 (1) whether the defendant’s convictions under MCL 750.82 and MCL 750.84 violate double jeopardy; (2) whether MCL 750.82 and MCL 750.84 contain contradictory and mutually exclusive provisions such that the Legislature did not intend a defendant to be convicted of both crimes for the same conduct, compare People v Miller, 498 Mich 13, 18-26 (2015) with People v Doss, 406 Mich 90, 96-99 (1979); (3) whether the Court of Appeals in People v Davis, 320 Mich App 484 (2017), erred in recognizing a rule against mutually exclusive verdicts in Michigan, see generally United States v Powell, 469 US 57, 69 n 8 (1984); State v Davis, 466 SW3d 49 (Tenn, 2015); and (4) whether that rule is applicable to the facts of this case. 

Invited Amici:
  • Prosecuting Attorneys Association of Michigan
  • Criminal Defense Attorneys of Michigan 
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: July 20, 2018​

Special Note: This case is to be argued at the same session as No. 156406, People v Davis.


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156262, Paulette Stenzel v Best Buy Co (Leave Granted)

Nature of Case: Pleading, amending complaint, notice of nonparty default

Issues to be addressed:
(1) whether the Court of Appeals special panel correctly held that there is a conflict between MCL 600.2957(2) and MCR 2.112(K); (2) whether, in any event, a party may amend a complaint upon receipt of a notice of nonparty fault without first filing a motion to amend; and (3) if so, whether the amendment relates back to the date the complaint was filed. 

Invited Amici:
  • Michigan Association for Justice
  • Michigan Defense Trial Counsel, Inc
  • Negligence Law Section of the SBM
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: July 26, 2018



156270, William Henderson v Civil Service Commision (MOAA)

Nature of Case:  Judicial review of civil service commission decision, "authorized by law" standard

Issues to be addressed:
(1) whether the “authorized by law” scope of review under Const 1963, art 6, § 28 applied to the appellants’ judicial review of the Civil Service Commission’s final decision made without a hearing; (2) if so, whether the Court of Appeals gave proper meaning to the “authorized by law” constitutional standard; and (3) whether the Court of Appeals correctly applied that scope of review to the appellants’ challenge.

Invited Amici:
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: June 22, 2018



156341, Sejasmi Industries, Inc v A+ Mold, Inc (MOAA)

Nature of Case: Moldbuilder lien, termination

Issue to be addressed (from the appellant's application):
I. WHETHER A STATUTORY MOLDBUILDER LIEN IS TERMINATED UNDER MCL 445.619(5)(b) WHEN A MOLDER IN POSSESSION OF THE LIENED MOLD SENDS A VERIFIED STATEMENT TO THE MOLDBUILDER’S CUSTOMER STATING THAT THE MOLDER HAS PAID THE MOLDBUILDER’S CUSTOMER, EVEN THOUGH IT IS UNDISPUTED THAT NOBODY HAS PAID THE LIENHOLDING MOLDBUILDER?

Invited Amici:
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: April 13, 2018


 
156389, Grant Bauserman v Unemployment Ins Agency (MOAA)

Nature of Case: Property, deprivation, occurrence =  notice of redetermination or actual seizure of property

Issue to be addressed:
[W]hether “the happening of the event giving rise to [appellants’] cause of action” for the deprivation of property without due process occurred when the appellee issued its allegedly wrongful notice of redetermination, or when the appellee actually seized the appellants’ property. ​

Invited Amici:
  • Michigan League for Public Policy
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: June 22, 2018


 
156406, People of MI v Joel Eusevio Davis (Leave Granted)

Nature of Case: Double jeopardy

Issues to be addressed:
(1) whether the defendant’s convictions under MCL 750.81a(3) and MCL 750.84 violate double jeopardy; (2) whether MCL 750.81a and MCL 750.84 contain contradictory and mutually exclusive provisions such that the Legislature did not intend a defendant to be convicted of both crimes for the same conduct, compare People v Miller, 498 Mich 13, 18-26 (2015) with People v Doss, 406 Mich 90, 96-99 (1979); (3) whether the Court of Appeals erred in recognizing a rule against mutually exclusive verdicts in Michigan, see generally United States v Powell, 469 US 57, 69 n 8 (1984); State v Davis, 466 SW3d 49 (Tenn, 2015); and (4) whether the Court of Appeals erred in applying this rule to the facts of this case.

Invited Amici:
  • Prosecuting Attorneys Association of Michigan
  • Criminal Defense Attorneys of Michigan 
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: August 24, 2018​

Special Note: This case is to be argued at the same session as No. 156180, People v Price.


 
156408, People of MI v Kevin Patrick Kavanaugh (MOAA)

Nature of Case: Unavailable record on appeal, standard of review, deference given to trial court

Issues to be addressed:
(1) what deference should be accorded to the trial court’s factual findings where a recording of events under consideration is available to an appellate court; (2) what evidence may be considered in determining whether there was clear error in the trial court’s factual findings; and (3) what standard of review is to be applied under such circumstances. In addition to the brief, the appellant shall electronically file an appendix conforming to MCR 7.312(D)(2). 

Invited Amici:
  • Prosecuting Attorneys Association of Michigan
  • Criminal Defense Attorneys of Michigan 
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: April 11, 2018




156430, People of MI v Kellie Marie Worth-McBride (MOAA)

Nature of Case: Evidence, aiding and abetting, knowledge

Issues to be addressed:
(1) whether a parent/defendant, either as a principal or as an aider and abettor, can be convicted of first-degree child abuse or second-degree murder when a child suffers serious physical harm or death as a result of the parent/defendant leaving the child in the care of the other parent with knowledge that the other parent previously injured the child and that serious physical harm or death would be caused by leaving the child with the other parent; and (2) if so, whether the evidence is sufficient in this case to establish the defendant’s knowledge that serious physical harm or death would be caused by leaving the child with the other parent. ​

Invited Amici:
  • Prosecuting Attorneys Association of Michigan
  • Criminal Defense Attorneys of Michigan 
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: July 12, 2018

Special Note: This case is to be argued at the same session as No. 157176, People v Lee.



156616, People of MI v John Antonya Moss (MOAA)

Nature of Case: CSC III based on blood or affinity, adoptive siblings

Issue to be addressed:
[W]hether the proper definition of “affinity” is that found in Bliss v Caille Bros Co, 149 Mich 601 (1907), or People v Armstrong, 212 Mich App 121 (1995).

Invited Amici:
  • Prosecuting Attorneys Association of Michigan
  • Criminal Defense Attorneys of Michigan 
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: August 9, 2018




156​708, Matthew T Thiel v David L Goyings (MOAA)

Nature of Case: Property restrictions, modular home

Issues to be addressed:
(1) whether the defendants’ home is a “modular home” as defined by Timber Ridge Bay’s “Declaration of Restrictions, Covenants and Conditions”; and (2) if so, whether the violation was a technical violation that did not cause substantial injury, Cooper v Kovan, 349 Mich 520, 530 (1957). 

Invited Amici:
  • Modular Home Builders Association 
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: June 13, 2018



156746, People of MI v Dawn Marie Dixon-Bey (MOAA)

Nature of Case: Sentencing, principle of proportionality

Issues to be addressed:
(1) to what extent the sentencing guidelines should be considered to determine whether the trial court abused its discretion in applying the principle of proportionality under People v Steanhouse, 500 Mich 453 (2017); and (2) whether, when a jury convicted the defendant of second-degree murder, the trial court abused its discretion in applying the principle of proportionality if it either (a) sentenced the defendant according to an independent finding that she committed first-degree murder; or (b) departed upward from the sentencing guidelines for second-degree murder based on facts established by a preponderance of the evidence that the jury did not find were established beyond a reasonable doubt.

Invited Amici:
  • Prosecuting Attorneys Association of Michigan
  • Criminal Defense Attorneys of Michigan 
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: July 20, 2018

Special Note:  This case is to be argued at the same session as No. 152934, People v Beck.



156827-8, People of MI v Terence Mitchell Bruce, People of MI v Stanley Lyle Nicholson (Leave Granted)

Nature of Case: Common law offense of misconduct in office, federal agents acting as state law enforcement officers

Issue to be addressed:
[W]hether the defendant federal border patrol agents were “public officers” for purposes of the common-law crime of misconduct in office when they assisted – as members of a law enforcement task force that included Michigan State Police and Michigan motor carrier officers – in the execution of a search warrant. 

Invited Amici:
  • Prosecuting Attorneys Association of Michigan
  • Criminal Defense Attorneys of Michigan 
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: July 11, 2018



157176, People of MI v James Lee (MOAA)

Nature of Case: Evidence, sufficiency

Issue to be addressed:
[W]hether there is sufficient evidence for a rational trier of fact to conclude beyond a reasonable doubt that the defendant committed an “act” as that term is used in MCL 750.136b(3)(b). 

Invited Amici:
  • Prosecuting Attorneys Association of Michigan
  • Criminal Defense Attorneys of Michigan 
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: July 12, 2018

Special Note:  This case is to be argued at the same session as No. 156430, People v Worth-McBride



157200, People of MI v Romon Berry McBurrows (MOAA)

Nature of Case: Venue

Issue to be addressed:
[W]hether Monroe County is a proper venue for the charge of delivery of a controlled substance causing death, MCL 750.317a

Invited Amici:
  • Prosecuting Attorneys Association of Michigan
  • Criminal Defense Attorneys of Michigan 
  • ​Interested persons or groups may move for permission to file amicus briefs

Approximate due date of amicus curiae briefs: August 9, 2018

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