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Michigan v. Treshaun Lee Terrance
Paid petition · Court of Appeals of Michigan, No. 343154 · judgment March 5, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
STATEMENT OF THE QUESTIONS Respondent was charged with premeditated murder and felony murder (with torture as the predicate) for the suffocation death of his live-in girlfriend. A jury acquitted him of count one but could not reach a verdict on count two. Before the retrial on count two, Respondent pleaded guilty to a reduced charge of second-degree murder. The trial court had to vacate the conviction, however, because under federal issue preclusion doctrine, the jury’s not-guilty verdict on count one precluded retrial on count two. The Michigan Court of Appeals later held that issue preclusion also barred retrial on the torture predicate because the count-one acquittal necessarily determined that Respondent was not the perpetrator. There are three questions:
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Since issue preclusion is a civil doctrine and not originally part of the double jeopardy clause, should it apply in criminal cases? Should Ashe v Swenson be overturned?
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Since issue preclusion only applies when a jury has necessarily decided an issue, should the fact that the jury hung on that issue in another count defeat the doctrine’s application? Should Yeager v US be overturned? (i)
Counsel of record
For petitioner
David A. McCreedy
Wayne County Prosecutor's Office
For respondent
Jacqueline Jenni McCann
State Appellate Defender Office
Case
Conference history
Distributed for 2 conferences
Proceedings
- Apr 18 2022Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
- Apr 18 2022Petition DENIED.
- Mar 23 2022DISTRIBUTED for Conference of 4/14/2022.
- Mar 07 2022Brief of respondent Treshaun Lee Terrance in opposition filed.
- Mar 07 2022Motion for leave to proceed in forma pauperis filed by respondent Treshaun Lee Terrance.
- Jan 20 2022Motion to extend the time to file a response is granted and the time is extended to and including March 7, 2022. See Rule 30.1.
- Jan 19 2022Motion to extend the time to file a response from February 3, 2022 to March 5, 2022, submitted to The Clerk.
- Jan 04 2022Response Requested. (Due February 3, 2022)
- Dec 22 2021DISTRIBUTED for Conference of 1/7/2022.
- Dec 15 2021Waiver of right of respondent Treshaun Lee Terrance to respond filed.
- Dec 09 2021Petition for a writ of certiorari filed. (Response due January 12, 2022)