On Wednesday, September 29, 2010, the Michigan Supreme Court denied four applications for leave to appeal and ordered oral argument on applications for leave to appeal in two cases. The Court ordered oral argument on the application filed by the State Appellate Defender Office in People v. Peltola, Case No. 140524. At oral argument, the parties will address whether scoring of the prior record variables is improper when the defendant’s minimum and maximum sentences are doubled because it is their second or subsequent controlled substance offense pursuant to MCL 333.7413(2). The Court also ordered oral argument on the application for leave filed by the Plaintiff-Appellant in Green v. Pierson, Case No. 140808. At oral argument, the parties were directed to address whether MCL 600.2301, empowering the court to amend any process or pleading in a particular action, applies to cases initiated before the amendment of MCL 600.5856 in 2004 and whether the plaintiff in this case should have been permitted to amend his notice of intent.
The Court also took action in three criminal and seven civil cases which are discussed after the jump. Read more »