Narrative Opinion Summary
The Michigan Supreme Court is reviewing a case involving a defendant-appellant, Shawquanda Borom, against the People of the State of Michigan, the plaintiff-appellee. The Supreme Court granted an immediate consideration of the appeal following the Court of Appeals' decision from December 2013. Central to the case is the issue of proving aiding and abetting under Michigan Compiled Laws 767.39, specifically in situations where the defendant did not act pursuant to a legal duty nor provided any assistance to the principal offender. The Court has ordered both parties to submit supplemental briefs addressing this issue within 42 days, cautioning them to avoid reiterating previous arguments. The Court also seeks additional perspectives and has invited the Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan to file amicus curiae briefs. The order was certified by Clerk Larry S. Royster, emphasizing the procedural readiness for oral arguments to decide the course of the appeal. The outcome of this case will clarify the scope of aiding and abetting liability under Michigan law.
Legal Issues Addressed
Aiding and Abetting under MCL 767.39subscribe to see similar legal issues
Application: The Court is set to evaluate the applicability of the aiding and abetting statute when the defendant neither acted under a legal duty nor provided assistance to the principal offender.
Reasoning: The Court requires both parties to submit supplemental briefs within 42 days, specifically addressing the viability of proving aiding and abetting under MCL 767.39 in cases where the defendant did not act according to a legal duty and provided no additional assistance to the crime's perpetrator.
Amicus Curiae Participationsubscribe to see similar legal issues
Application: The Court invited the Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan to submit amicus curiae briefs, indicating the importance of third-party insights in this legal matter.
Reasoning: Additionally, the Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to submit amicus curiae briefs, and other interested parties may seek permission to file similar briefs.
Immediate Consideration of Appealsubscribe to see similar legal issues
Application: The Michigan Supreme Court granted the motion for immediate consideration, expediting the review process for the case.
Reasoning: The Court granted the motion for immediate consideration and accepted the application for leave to appeal the Court of Appeals' judgment dated December 19, 2013.