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Michigan v. Treshaun Lee Terrance

Paid petition · Court of Appeals of Michigan, No. 343154 · judgment March 5, 2019


Certiorari denied · April 18, 2022
Pre-decision estimate: 2% cert probability

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:

  1. 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?

  2. 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

  1. Apr 18 2022
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  2. Apr 18 2022
    Petition DENIED.
  3. Mar 23 2022
    DISTRIBUTED for Conference of 4/14/2022.
  4. Mar 07 2022
    Brief of respondent Treshaun Lee Terrance in opposition filed.
  5. Mar 07 2022
    Motion for leave to proceed in forma pauperis filed by respondent Treshaun Lee Terrance.
  6. Jan 20 2022
    Motion 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.
  7. Jan 19 2022
    Motion to extend the time to file a response from February 3, 2022 to March 5, 2022, submitted to The Clerk.
  8. Jan 04 2022
    Response Requested. (Due February 3, 2022)
  9. Dec 22 2021
    DISTRIBUTED for Conference of 1/7/2022.
  10. Dec 15 2021
    Waiver of right of respondent Treshaun Lee Terrance to respond filed.
  11. Dec 09 2021
    Petition for a writ of certiorari filed. (Response due January 12, 2022)