Michigan State Appellate Defender Office’s Steven Helton and Jacqueline McCann will present argument on applications before the Michigan Supreme Court on issues including false confessions experts, amending an information, and polygraphs.
Arguments are set for Oct. 4 and 5.
The SADO attorneys and cases include:
• Steven Helton, People v Damon Earl Warner, MSC No. 163805 (COA No. 351791)
Issue: Amend Information to Add Charges Dismissed by Order of Nolle Pros/False Confessions Expert
The court directed the parties to address: “(1) whether, under MCL 767.29 and MCR 6.112(H), a trial court may amend an information, over objection, to include a charge that was dismissed pursuant to an order of nolle prosequi, without beginning the proceedings anew, 'unless the proposed amendment would unfairly surprise or prejudice the defendant,' MCR 6.112(H); (2) if so, whether the Eaton Circuit Court erred by doing so in this case and whether any error was harmless; and (3) whether the trial court abused its discretion by denying the defendant’s motion to appoint an expert in false confessions.” The case is set for argument Thursday, Oct. 5, at 10:10 a.m.
• Jacqueline McCann, People v Kevin Lionel Thompson Jr, MSC No. 163224 (COA No. 344834)
Issue: Ineffective Assistance of Counsel/Polygraph
The court directed the parties to address: “(1) whether trial counsel’s performance was objectively unreasonable with respect to the appellant’s polygraph examination and/or post-polygraph questioning, including the failure to establish the terms of the polygraph agreement in writing, to enforce the terms of the alleged agreement, and to testify regarding the terms of the agreement; and (2) whether the appellant was prejudiced or if he voluntarily waived his right to counsel with respect to the polygraph examination and/or post-polygraph questioning.” The case is set for argument Wednesday, Oct. 4, at 12:10 p.m.
The public can watch the live streaming arguments on the Michigan Supreme Court’s website at www.courts.michigan.gov/courts/supreme-court.
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