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One Court of Justice Blog

Oct 2015
02
October 02, 2015

MSC agrees to hear Swain innocence appeal

In People v. Swain, No. 150994, the Michigan Supreme Court agreed to hear Defendant Swain’s latest appeal of her post-conviction motion for relief.  Among the issues that the Court ordered the parties to brief are: (1) whether the test set forth in People v. Cress, 468 Mich. 678, 692 (2003), for determining whether a defendant is entitled to a new trial based on newly discovered evidence applies in determining whether a second or subsequent motion for relief from judgment is based on “a claim of new evidence that was not discovered before the first such motion” under MCR 6.502(G)(2); (2) whether the defendant is entitled to a new trial as a remedy for a Brady violation; (3) what standard(s) Michigan courts consider a defendant’s assertion that the evidence demonstrates a significant possibility of actual innocence in the context of a motion brought pursuant to MCR 6.502(G), and whether the defendant in this case qualifies under that standard; (4) whether the Michigan Court Rules provide a basis for relief where a defendant demonstrates a significant possibility of actual innocence; (5) whether, if MCR 6.502(G) does bar relief, there is an independent basis on which a defendant who demonstrates a significant possibility of actual innocence may nonetheless seek relief under the United States or Michigan Constitutions; and (6) whether the defendant is entitled to a new trial pursuant to MCL 770.1.  

Oct 2015
01
October 01, 2015

MSC to address whether customers may receive electrical services by a municipality outside of that municipality’s boundary

In City of Holland v. Consumers Energy Co., No. 151053, and City of Coldwater v. Consumers Energy Co., No. 151051, the Michigan Supreme Court scheduled oral argument to consider whether to grant defendant’s application for leave to appeal.  The court directed the parties to file supplemental briefs to address (1) whether it is lawful for customers to receive electrical services by a municipality outside of that municipality’s boundary, provided that no other utility company was presently providing the services, and (2) whether Michigan’s Public Service Commission (“PSC”) has the authority to regulate municipal distribution of electrical services.

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