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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

The Michigan Supreme Court recently granted oral argument in <a href="http://publicdocs.courts.mi.gov:81/SCT/PUBLIC/ORDERS/156198_90_01.pdf" target="_blank" rel="noopener"><em>People v Straughter</em>, Case No. 156198</a> to determine whether it should grant the application for leave to appeal or take other action.&nbsp; In <em>Straughter</em>, the Court of Appeals considered whether the prosecutor had complied with the statutory requirement to give notice of an intent to seek an enhanced sentence based on the defendant’s status as a habitual offender.&nbsp; MCL 769.13(2) requires that in order to do so, the prosecuting attorney must give the court and defendant written notice within 21 days, and “shall file a written proof of service [of that notice] with the clerk of the court.”&nbsp; Finding that the trial court record did not contain a written proof of service, the <a href="http://publicdocs.courts.mi.gov/OPINIONS/FINAL/COA/20170411_C328956_75_328956.OPN.PDF" target="_blank" rel="noopener">Court of Appeals remanded</a> the defendant for resentencing without the habitual offender enhancement.

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Adam T. Ratliff

Labor and Employment

MSC to consider how strictly prosecutors must adhere to habitual offender notice requirement

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MSC to consider how strictly prosecutors must adhere to habitual offender notice requirement

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