People v. Moreno

I respectfully dissent from the majority’s decision to reverse the judgment of the Court of Appeals and overrule People v Ventura, 262 Mich App 370; 686 NW2d 748 (2004). The only issue here is whether the Legislature abrogated the right to resist police conduct that is later determined to have been unlawful. Before 2002, the Legislature in MCL 750.479 made it unlawful to resist a police officer, but only if that officer was performing what was later determined to constitute a “lawful act.” However, in 2002, the Legislature amended MCL 750.479 and also *59enacted a new statute addressing this…