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Joel Howard James v. Michigan

Paid petition · Court of Appeals of Michigan, No. 342504 · judgment October 11, 2018

Certiorari denied · November 18, 2019

Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Based on a “class of one” analysis, does the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution bar application of the nonresident tolling provision of MCL 767.24(10) where, although a person did not usually and publicly reside within the State of Michigan during the limitations period, no crime was reported nor any investigation initiated until years after the statute of limitations would otherwise have run?
Does the nonresident tolling provision of MCL 767.24(10) violate the Privileges and Immunities Clause in Section 1 of the Fourteenth Amendment to the United States Constitution insofar as it creates a distinction between residents of Michigan and nonresidents?

For petitioner
Matthew John Wojda
White, Wojda and Curtis

For respondent
Cynthia M. Muszynski
Alpena County Prosecutor Office

Conference history
Distributed for 1 conference

Nov 18 2019
Petition DENIED.
Oct 30 2019
DISTRIBUTED for Conference of 11/15/2019.
Oct 16 2019
Waiver of right of respondent Michigan to respond filed.
Sep 30 2019
Petition for a writ of certiorari filed. (Response due October 30, 2019)