Michigan Supreme Court Blog

Can a defendant, charged with felony murder, argue duress as an affirmative defense to the crime? Yesterday, the Michigan Supreme Court answered in the affirmative, overruling two Court of Appeals decisions from the 1990's.  In People v Tiffany Reichard , ___ Mich ___ (Docket No 157688) , March 30, 2020, Justice Viviano authored the opinion on behalf of a unanimous court, concluding that the defendant, who wished to present evidence that her boyfriend had physically abused her, could argue in her trial that she committed the underlying felony under duress and, therefore, was not guilty of felony murder. After bindover on the felony murder charge, Reichard moved the lower court to allow her to present the defense.  The trial court, Judge Thomas Wilson from Jackson County, agreed.  The prosecution filed an interlocutory application to the Court of Appeals which reversed the trial court. At common law, courts banned the use of duress as a defense to murder.  When faced with the

Yesterday, the Michigan Supreme Court reversed the conviction of a Saginaw County man whom a jury had convicted of conspiracy to commit murder. In People v Sammons , ____ Mich ____, Decided March 16, 2020 ( Docket No. 156189) , Justice Cavanagh, joined by Chief Justice McCormack and Justices Viviano, Bernstein, and Clement, concluded that a show up of the defendant to a witness was unduly suggestive because it implied that the defendant was a suspect in the murder. The show up was unnecessary, except for police convenience, because the defendant was in custody at the time. The show up was unreliable utilizing the factors identified in Neil v Biggers , 409 US 188 (1972), and, finally, the prosecution's use of evidence of the identification was not harmless beyond a reasonable doubt. A show up is unlike a corporeal lineup, because in a show up the police show the suspect to the witness singly.   It is interesting to note from the facts that the 16-year-old witness, who saw the sh