COA Reverses Home Invasion Special Jury Instruction
Yesterday, the Michigan Court of Appeals published an opinion in People of the State of Michigan v Troy Bush, Docket No. 326658 (April 21, 2016) , holding, essentially, that a defendant may not be convicted of home invasion, MCL 750.110a(2), for allegedly breaking into a bedroom inside a home he has previously been granted permission to enter. An interesting part of this ruling is the fact that the prosecution had moved in the trial court for a special jury instruction prior to the trial and the defense filed an interlocutory application for leave to appeal the trial court's granting of the motion. The Court of Appeals denied the interlocutory application, but the Michigan Supreme Court reversed the denial and remanded the case to the Court of Appeals for consideration as on leave granted. Troy Bush, a handyman, considered the residence he was charged with breaking into to be his permanent residence until he was arrested for first degree home invasion, felonious assault and r