People of Michigan v. Angel Moreno Jr ( 2010 )


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  • Order                                                                                        Michigan Supreme Court
    Lansing, Michigan
    December 29, 2010                                                                                              Marilyn Kelly,
    Chief Justice
    141837                                                                                              Michael F. Cavanagh
    Maura D. Corrigan
    Robert P. Young, Jr.
    Stephen J. Markman
    Diane M. Hathaway
    PEOPLE OF THE STATE OF MICHIGAN,                                                                    Alton Thomas Davis,
    Plaintiff-Appellee,                                                                                          Justices
    v                                                                 SC: 141837
    COA: 294840
    Ottawa CC: 09-033445-FH
    ANGEL MORENO, JR.,
    Defendant-Appellant.
    _________________________________________/
    On order of the Court, the application for leave to appeal the June 10, 2010
    judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
    address: (1) whether a person present in his or her own home can lawfully resist a police
    officer who unlawfully and forcibly enters the home, without violating MCL 750.81d; (2)
    if not, whether, so interpreted, MCL 750.81d is unconstitutional; and (3) whether a
    defendant prosecuted under MCL 750.81d for resisting a police officer who unlawfully
    and forcibly enters the defendant’s home may claim self-defense.
    CORRIGAN, J. (concurring).
    I concur with the Court’s order granting leave to appeal. I also request that the
    parties brief whether the trial court erroneously concluded that the exigent circumstances
    exception to the warrant requirement did not apply where the police officer testified that
    he smelled burning or burnt marijuana while standing by the open doorway of the
    defendant’s home and that the entry was necessary under the circumstances to prevent the
    imminent destruction of evidence. See generally In re Forfeiture of $176,598, 
    443 Mich 261
     (1993).
    I, Corbin R. Davis, 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.
    December 29, 2010                   _________________________________________
    p1228                                                               Clerk
    

Document Info

Docket Number: 141837

Filed Date: 12/29/2010

Precedential Status: Precedential

Modified Date: 10/30/2014