Order Michigan Supreme Court
Lansing, Michigan
December 29, 2010 Marilyn Kelly,
Chief Justice
141837 Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway
PEOPLE OF THE STATE OF MICHIGAN, Alton Thomas Davis,
Plaintiff-Appellee, Justices
v SC: 141837
COA: 294840
Ottawa CC: 09-033445-FH
ANGEL MORENO, JR.,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 10, 2010
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address: (1) whether a person present in his or her own home can lawfully resist a police
officer who unlawfully and forcibly enters the home, without violating MCL 750.81d; (2)
if not, whether, so interpreted, MCL 750.81d is unconstitutional; and (3) whether a
defendant prosecuted under MCL 750.81d for resisting a police officer who unlawfully
and forcibly enters the defendant’s home may claim self-defense.
CORRIGAN, J. (concurring).
I concur with the Court’s order granting leave to appeal. I also request that the
parties brief whether the trial court erroneously concluded that the exigent circumstances
exception to the warrant requirement did not apply where the police officer testified that
he smelled burning or burnt marijuana while standing by the open doorway of the
defendant’s home and that the entry was necessary under the circumstances to prevent the
imminent destruction of evidence. See generally In re Forfeiture of $176,598, 443 Mich
261 (1993).
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
December 29, 2010 _________________________________________
p1228 Clerk