COA Reverses R&O Conviction Entered Prior to Moreno
Yesterday, the Michigan Court of Appeals reversed a defendant's conviction for resisting and obstructing a police officer and remanded the case to the trial court for a new trial, holding that the prosecution is required to prove, as an element of the offense, that the officer's actions in effectuating an arrest are lawful. In People v Quinn , Docket No. 309600 (May 29, 2014) , Judge Wilder, writing the unanimous opinion, also held that the Michigan Supreme Court's holding in People v Moreno , 491 Mich 38; 814 NW2d 624 (2012), finding that a defendant had the right to resist an unlawful arrest in his own home, was retroactive as applied to Quinn's case. An Emmet Township Public Safety Officer testified that she was on routine patrol at 1:00am in an area that had recently suffered sever storm damage and was without power. She testified about thefts occurring in the area during the blackout and to seeing a car parked in a lot near a salon. She approached to investig