141837-Opinion - Michigan Courts - State of Michigan

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Because the Court of Appeals in this case relied on Ventura and extended its broader principle to the context of unlawful entry of the home, we reverse the judgment of the Court of Appeals and remand this matter to the trial court. On remand, we instruct the trial court to grant defendant’s motion to quash the charges on the basis of its ruling that the officers’ conduct was unlawful. 20 Diane M. Hathaway Michael F. Cavanagh Marilyn Kelly Mary Beth Kelly Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, S T A T E O F M I C H I G A N SUPREME COURT v No. 141837 ANGEL MORENO, JR., Defendant-Appellant. MARKMAN, J. (dissenting). I respectfully dissent from the majority’s decision to reverse the judgment of the Court of Appeals and overrule People v Ventura, 262 Mich App 370; 686 NW2d 748 (2004). The only issue here is whether the Legislature abrogated the right to resist police conduct that is later determined to have been unlawful. Before 2002, the Legislature in MCL 750.479 made it unlawful to resist a police officer, but only if that officer was performing what was later determined to constitute a “lawful act.” However, in 2002, the Legislature amended MCL 750.479 and also enacted a new statute addressing this subject, MCL 750.81d, neither of which contains the “lawful act” requirement. By doing this, the Legislature clearly excluded consideration of the lawfulness of the police officer’s conduct as a relevant element in forcibly resisting an officer as long as the police officer was “performing his or her duties,” and it did so “in no uncertain terms.” Therefore, I would affirm the judgment of the Court of Appeals, which, in reliance on Ventura, held that defendant was properly charged with resisting and obstructing a police
Page 1 and 2: Opinion PEOPLE OF THE STATE OF MICH
Page 3 and 4: Defendant’s house was in the imme
Page 5 and 6: II. STANDARD OF REVIEW This case in
Page 7 and 8: “know[s] of the existence of the
Page 9 and 10: esist an unlawful arrest to be “o
Page 11 and 12: indicate that self-defense is an av
Page 13 and 14: men at his door were police officer
Page 15 and 16: each would not take effect unless b
Page 17 and 18: In contrast, the Legislature expres
Page 19: unlawful arrest, the Court of Appea
Page 23 and 24: trespass without reasonable resista
Page 25 and 26: (i) A police officer of this state
Page 27 and 28: 750.479), and Clements, 68 Mich at
Page 29 and 30: When the Legislature enacts statute
Page 31 and 32: from the physical interference and
Page 33 and 34: Next, the majority argues that the
Page 35 and 36: usiness.” Id. On the other hand,
Page 37 and 38: house and arrested. One of the offi
Page 39 and 40: entrance to the house [and] [a]bsen
Page 41 and 42: the arrest is unlawful.’” Helic

141837-Opinion - Michigan Courts - State of Michigan

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