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The WNJ Appellate Practice Group is one of the State’s premier appellate litigation practices. Our attorneys recently obtained an 8-1 victory in the United States Supreme Court, and have appeared in the U.S. Supreme Court more than 15 times. WNJ has also litigated in nearly every federal Circuit, recently argued in the Michigan Supreme Court, and participated in numerous Michigan Court of Appeals cases. The Appellate Practice Group has repeatedly achieved successful results for both parties and amicus curiae, and has been awarded the Distinguished Brief Award three times in the past four years for filing the most persuasive and scholarly brief in the Michigan Supreme Court. For more information, please visit our website.
  • 9/18/2014
  • MSC to consider whether failure to properly swear the jury requires new trial In People v. Cain, No. 149259, the Michigan Supreme Court granted the prosecutor’s application for leave to appeal the Court of Appeals’ May 2, 2014 order which granted the defendant’s motion for peremptory reversal based on failure to properly swear the jury. The Court of Appeals found that failure to properly swear a jury is considered a structural error that requires a new trial under People v. Allan, 299 Mich App 205; 829 NW2d 319 (2013). The Supreme Court will consider whether the Court of Appeals correctly concluded that the failure to properly swear the jury is a structural error that warrants a new trial, even if the parties failed to offer a timely objection. The Supreme Court invited the Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys Association of Michigan to file briefs amicus curiae.
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