Michigan Supreme Court Blog

  Yesterday, in a 4-3 decision with a concurrence and two dissenting opinions, the Michigan Supreme Court ruled that duress is an available defense to one form of 2d Degree Murder - willful and wanton disregard that the natural tendency of the act is to cause death or great bodily harm - often referred to as "depraved heart" murder. Justice Bridget McCormack , probably writing her final opinion as a member of the bench, was joined by Justices Bernstein, Cavanagh and Welch in the opinion in People v Gafken , Docket No.  161835 .  Theresa Gafken was convicted of second degree murder in the St. Clair County Circuit Court, MCL 750.317.  The evidence showed she drove her car, while running from the police, at speeds in excess of 100 MPH.   She ran a red light and collided with other vehicles, killing one person and severely injuring several others.  The prosecution's theory was that Gafken had intended to do an act that was in willful and wanton disregard of the likelihood of

Yesterday, the Michigan Court of Appeals issued its opinion in People v Brigitte Louise Rousse, Docket No. 358358 (May 5, 2022) , an opinion that held police, with an otherwise valid search warrant, lacked the authority to search the interior of a pole barn located outside the curtilage of the home. An animal control officer discovered a cow loose on the road near the Defendant's home.  Upon returning the cow to its pen, he observed numerous dead animals on the property in various states of decomposition.  He saw three dogs on the property that were emaciated. The Defendant had no explanation for how the animals died.  From one of the pole barns that could be observed from the road and the house, he heard the yipping of dogs.  The officer obtained a search warrant for the property.  However, in the description of the place to be searched, the officer listed only the description of the house, making no mention of the pole barns on the property.  A search of one of the pole barns rev