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A Better Partnership
March 12, 2011

MSC Order List: March 11, 2011

The Michigan Supreme Court denied 3 applications for leave to appeal and ordered oral argument on the application in People v. Richardson.

In Richardson, the defendant was convicted of two counts of assault with intent to commit great bodily harm after standing on his front porch and shooting two people during a neighborhood fracas. The defendant claimed that he was acting in self-defense. After his conviction, the defendant appealed claiming that the trial court erred by giving a jury instruction that permitted the jury to consider whether he had an obligation to retreat. The Court of Appeals unanimously affirmed. The Michigan Supreme Court ordered the parties to brief "whether, under the circumstances of this case, it was proper to instruct the jury in accordance with CJI2d 7.16, which permits consideration of whether the defendant had a duty to retreat."

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