People of Michigan v. Joel Eusevio Davis ( 2018 )

Order Michigan Supreme Court
Lansing, Michigan
May 4, 2018 Stephen J. Markman,
Chief Justice
156406 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
Elizabeth T. Clement,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 156406
COA: 332081
Wayne CC: 15-005481-FH
JOEL EUSEVIO DAVIS,
Defendant-Appellee.
_____________________________________/
On order of the Court, the application for leave to appeal the July 13, 2017
judgment of the Court of Appeals is considered, and it is GRANTED, limited to the
issues: (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 U.S. 57, 69 n 8 (1984); State v Davis,
466 S.W.3d 49 (Tenn, 2015); and (4) whether the Court of Appeals erred in applying this
rule to the facts of this case. The time allowed for oral argument shall be 20 minutes for
each side. MCR 7.314(B)(1).
We direct the Clerk to schedule the oral argument in this case for the same future
session of the Court when it will hear oral argument in People v Price (Docket No.
156180).
We further ORDER the Wayne Circuit Court, in accordance with Administrative
Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint
Michael L. Mittlestat to represent the defendant in this Court. If this appointment is not
feasible, the trial court shall, within the same time frame, appoint other counsel to
represent the defendant in this Court.
2
The Prosecuting Attorneys Association of Michigan and the Criminal Defense
Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups
interested in the determination of the issues presented in this case may move the Court
for permission to file briefs amicus curiae.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
May 4, 2018
a0501
Clerk