Two cases involving Michigan’s medical marihuana statute will be argued before the Michigan Supreme Court this week, as the court opens its 2012-2013 oral arguments session.
At issue in State of Michigan v McQueen is whether the Michigan Medical Marihuana Act permits patient-to-patient sales of marihuana. The Court will also hear People v Bylsma, in which the defendant argues that the MMMA allows registered caregivers and qualifying patients to grow marihuana together in a collective or cooperative arrangement.
The court will hear arguments Tuesday through Thursday, Oct. 9-11, starting at 9:30 a.m. each day.
In keeping with tradition, the court will hear the first case of the new session, Boertmann v Cincinnati Insurance Company, in the Old Supreme Court Courtroom in the Capitol in Lansing.
The court will hear the 11 other cases in its courtroom on the 6th floor of the Michigan Hall of Justice in Lansing. The court’s oral arguments are open to the public.
As a public service, the court provides summaries of the cases it will hear at http://www.courts.michigan.gov/Courts/MichiganSupremeCourt/Clerks/Oral-Arguments/Pages/default.aspx.
The brief accounts that followmay not reflect the way that some or all of the court’s seven justices view the cases. The attorneys may also disagree about the facts, issues, procedural history, and significance of these cases:
Tuesday, October 9
Morning Session (Old Supreme Court courtroom, Capitol Building)
BOERTMANN v CINCINNATI INSURANCE COMPANY
(case no. 142936)
Attorneys for plaintiff Gale Boertmann: Ellen G. Schreuder, Drew Slager.
Attorney for defendant Cincinnati Insurance Company: Robert P. Hurley.
Attorney for amicus curiae Michigan Defense Trial Counsel, Inc.: Valerie Henning Mock.
Attorney for amicus curiae Michigan Association for Justice: Barbara H. Goldman.
Trial Court: Macomb County Circuit Court
At issue is whether the plaintiff can recover auto no-fault insurance benefits for physical symptoms caused by her depression, which she suffered after witnessing the fatal collision between her son’s motorcycle and another vehicle.
Afternoon Session (Michigan Hall of Justice)
ADER v DELTA COLLEGE BOARD OF TRUSTEES
(case no. 143621)
Attorney for plaintiff Timothy Ader: Roland J. Jersevic.
Attorney for defendant Delta College Board of Trustees: Joseph Nimako.
Attorney for amicus curiae Michigan Municipal League, Michigan Townships Association, and Public Corporation Law Section of the State Bar of Michigan: Steven D. Mann.
Trial Court: Saginaw County Circuit Court
The plaintiff contends that the defendant college board of trustees, which was being sued by one of its members, violated the Open Meetings Act by holding a closed session that included that member and his attorney, in addition to the board’s own legal counsel.
ESTATE OF DARRYL ILE, et al. v FOREMOST INSURANCE COMPANY
(case no. 143627)
Attorney for plaintiffs Debra Ile, as Personal Representative of the Estate of Darryl Ile, and Debra Ile, individually and on behalf of themselves and all others similarly situated: Thomas A. Biscup.
Attorney for defendant Foremost Insurance Company: Jason L. Byrne.
Attorney for amicus curiae Insurance Institute of Michigan: Kimberlee A. Hillock.
Trial Court: Wayne County Circuit Court
A motorcyclist was killed when his motorcycle collided with a parked vehicle. After his estate collected $20,000 – the limit on that policy – from the parked car’s insurer, the estate sought to recover an additional $20,000 in underinsured motorist (UIM) benefits from the defendant, which insured the motorcycle. The defendant insurer denied the estate’s claim, contending that when a policyholder selects the minimum UM/UIM coverage limits of $20,000/$40,000, as the deceased did, it is impossible for another vehicle to be defined as “underinsured.”
Wednesday, October 10
Morning Session
PEOPLE v ZAJACZKOWSKI
(case no. 143736)
Prosecuting attorney: Timothy K. McMorrow.
Attorney for defendant Jason Joseph Zajaczkowski: Ronald D. Ambrose.
Attorney for amicus curiae Family Law Section of the State Bar of Michigan: Katherine L. Root.
Trial Court: Kent County Circuit Court
The defendant and the 14-year-old victim in this criminal sexual conduct case share the same legal father; the defendant was conceived and born during the marriage of his mother to his legal father, and a 1979 divorce judgment identifies the then-boy as the child of the marriage. The defendant seeks to reduce his first-degree CSC charge – an element of which is that the defendant is related to the victim “by blood or affinity” – on the basis of DNA testing that shows he is not his legal father’s biological son.
DEBANO-GRIFFIN v LAKE COUNTY, et al.
(case no. 143841)
Attorney for plaintiff Cheryl Debano-Griffin: Mark R. Granzotto.
Attorneys for defendants Lake County and Lake County Board of Commissioners: John R. McGlinchey, Kristen L. Baiardi.
Trial Court: Lake County Circuit Court
The plaintiff, the former director of Lake County’s 911 department, seeks to pursue a Whistleblowers Protection Act claim against the county. She contends that she was fired because, among other matters, she objected to a transfer of money from the county’s ambulance fund.
KIM v JP MORGAN CHASE BANK
(case no. 144690)
Attorney for plaintiffs Euihyung Kim and In Sook Kim: Bernhardt D. Christenson.
Attorney for defendant JP Morgan Chase Bank: Jill M. Wheaton.
Attorney for amicus curiae Michigan Association of Realtors: Gregory L. McClelland.
Attorney for amicus curiae Michigan Bankers Association: Nicole L. Mazzocco.
Attorney for amicus curiae Real Property Law Section of the State Bar of Michigan: James L. Allen.
Trial Court: Macomb County Circuit Court
The bank holding the plaintiffs’ mortgage failed, and the failed bank’s loans were bought by JP Morgan Chase Bank pursuant to the Financial Institutions Reform, Recovery and Enforcement Act of 1989. The plaintiffs challenge Chase’s foreclosure of their home, arguing in part that the foreclosure was legally void because there was no recorded assignment from their failed bank to Chase.
Afternoon Session
PEOPLE v KIYOSHK
(case no. 143469)
Prosecuting attorney: Heather S. Bergmann.
Attorney for defendant Christopher Blayne Kiyoshk: Arthur H. Landau.
Trial Court: Kalamazoo County Circuit Court
As an adult, the defendant pled guilty to a sexual assault that he may have committed when he was too young to be subject to adult court jurisdiction. At issue is whether his guilty plea must be vacated.
PEOPLE v TRAKHTENBERG
(case no. 143386)
Prosecuting attorney: Matthew A. Fillmore.
Attorney for defendant Jacob Trakhtenberg: Robyn B. Frankel.
Trial Court: Oakland County Circuit Court
The defendant, who was convicted of three counts of second-degree criminal sexual conduct, unsuccessfully sued his attorney for legal malpractice. One issue in this case is whether rulings in that civil case bar the defendant from seeking a new criminal trial on the ground that he was denied his constitutional right to effective assistance of counsel.
Thursday, October 11
Morning Session Only
STATE OF MICHIGAN v MCQUEEN, et al.
(case no. 143824)
Attorney for plaintiff State of Michigan: Risa N. Scully.
Attorney for defendants Brandon McQueen and Matthew Taylor, d/b/a Compassionate Apothecary, LLC: Mary Chartier.
Attorney for amicus curiae Attorney General Bill Schuette: Heather S. Meingast.
Attorney for amicus curiae Michigan Municipal League, Michigan Townships Association, and Public Corporation Law Section of the State Bar of Michigan: Gerald A. Fisher.
Attorneys for amicus curiae Ann Arbor Medical Cannabis Guild, Inc.: Dennis M. Hayes, David P. Cahill, Rosemary Gordon Pánuco.
Trial Court: Isabella County Circuit Court
At issue is whether the Michigan Medical Marihuana Act, MCL 333.26421 et seq., permits patient-to-patient sales of marihuana.
PEOPLE v BYLSMA
(case no. 144120)
Prosecuting attorney: Gary A. Moore.
Attorney for defendant Ryan Michael Bylsma: Bruce A. Block.
Attorney for amicus curiae Attorney General Bill Schuette: Jennifer K. Clark.
Attorney for amicus curiae Michigan Municipal League and Public Corporation Law Section of the State Bar of Michigan: Gerald A. Fisher.
Attorneys for amicus curiae Ann Arbor Medical Cannabis Guild, Inc.: Dennis M. Hayes, David P. Cahill, Rosemary Gordon Pánuco.
Trial Court: Kent County Circuit Court
In this Michigan Medical Marihuana Act case, the defendant, a registered primary caregiver for two qualifying patients, leased commercial space where he not only cultivated marihuana for his own patients, but also allowed others to grow marihuana. At issue is whether the MMMA permits qualifying patients and registered primary caregivers to possess and cultivate marihuana in a collective or cooperative.
PEOPLE v WHITE
(case no. 144387)
Prosecuting attorney: Jerrold E. Schrotenboer.
Attorney for defendant Kadeem Dennis White: Robert K. Gaecke Jr.
Trial Court: Jackson County Circuit Court
The defendant, who was arrested for murder and other felonies, invoked his right to remain silent during police questioning. The police officer then told the defendant that he was concerned that the gun used in the murder could be found and used to hurt another person; the defendant responded that the homicide was an accident. At issue is whether that statement should be suppressed.
PEOPLE v MITCHELL
(case no. 144239)
Prosecuting attorney: David A. McCreedy.
Attorney for defendant Vaughn Mitchell: John F. Royal.
Trial Court: Wayne County Circuit Court
In a videotaped statement to the police, the defendant confessed to beating and robbing the victim, but denied shooting him. He contends that the confession should be suppressed, claiming that a police officer misled him about his right to counsel and that the officer only gave him Miranda warnings after the questioning started.
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