e-Journal Summary

e-Journal Number : 73110
Opinion Date : 05/20/2020
e-Journal Date : 05/26/2020
Court : Michigan Supreme Court
Case Name : People v. Nino
Practice Area(s) : Criminal Law
Judge(s) : McCormack, Viviano, Markman, Zahra, Bernstein, Clement, and Cavanagh
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Issues:

Warrantless arrest for a felony, misdemeanor, or ordinance violation committed in the arresting officer’s presence; MCL 764.15(1)(a); Whether defendant’s statement that he was in possession of the marijuana & the underlying physical evidence of the crime were admissible; Right against self-incrimination; U.S. Const amend. V; Const. 1963, art. I, § 17; Miranda v. Arizona; “In custody”; Effect of failing to provide Miranda warnings; The public-safety exception to Miranda; Voluntary statement; Appointment of appellate counsel

Summary

In an order in lieu of granting leave to appeal the Court of Appeals judgment (see e-Journal # 71778 in the 12/6/19 edition), the court remanded this case to the Court of Appeals. It directed the Court of Appeals to hold the case in abeyance pending its decision in another case (People v. Haywood) that the court also remanded. “After Haywood is decided, the Court of Appeals shall determine whether that opinion controls in this case and, if it does, reconsider this case in light of Haywood.”

Full PDF Opinion