Legal Opinion · Dissent

People v. Houthoofd

Michigan Supreme Court

Decided July 31, 2010No. Docket 138959 and 138969Published

1DissentKelly, C.J.

I agree with the majority that MCL 762.8 is inapplicable to defendant’s witness intimidation and solicitation convictions under the facts of this case.* 1 I also concur that Saginaw County was an improper venue for both charges and that People v Flaherty3 and People v Fisher2 should be overruled. Finally, I agree with remanding this case to the Court of Appeals for consideration of whether the trial court articulated substantial and compelling reasons for imposing a departure sentence.

However, the remainder of the majority opinion suffers from a fundamental defect. It makes sweeping changes…

2Cases cited23 opinions

  1. People v. LukityMichigan Supreme Court · 1999
  2. People v. FranciscoMichigan Supreme Court · 2006
  3. People v. MiltonMichigan Supreme Court · 1974
  4. Crane v. ReederMichigan Supreme Court · 1871
  5. People v. GayheartMichigan Court of Appeals · 2009

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