Skip to main content

One Court of Justice Blog

January 03, 2018

MSC to consider how strictly prosecutors must adhere to habitual offender notice requirement

The Michigan Supreme Court recently granted oral argument in People v Straughter, Case No. 156198 to determine whether it should grant the application for leave to appeal or take other action.  In Straughter, the Court of Appeals considered whether the prosecutor had complied with the statutory requirement to give notice of an intent to seek an enhanced sentence based on the defendant’s status as a habitual offender.  MCL 769.13(2) requires that in order to do so, the prosecuting attorney must give the court and defendant written notice within 21 days, and “shall file a written proof of service [of that notice] with the clerk of the court.”  Finding that the trial court record did not contain a written proof of service, the Court of Appeals remanded the defendant for resentencing without the habitual offender enhancement.
 
The Supreme Court will hear argument on:
  1. Whether the statutory harmless error test applies to violations of MCL 769.13’s notice requirement;
  2. Whether a prosecutor can establish that the defendant received the proper statutory notice by any means other than a proof of service; and 
  3. Whether providing a habitual offender notice in district court satisfies the statutory requirement that the notice be served within 21 days after the defendant’s arraignment on the information.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset