|
Nos. 129269 129364
| The People of the |
|
Robert A. Cooney |
State of Michigan, |
|
|
Plaintiff-Appellant, |
|
|
vs (Appeal from Ct of Appeals) |
|
|
| (Gr Traverse - Rodgers, P.) |
|
|
| Delores Marie Derror, |
|
Christine A. Pagac |
Defendant-Appellee. |
|
|
| - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - |
|
|
| The People of the |
|
Jerrold E. Schrotenboer |
| State of Michigan, |
|
|
Plaintiff-Appellant, |
|
|
| vs (Appeal from Ct of Appeals) |
|
|
| (Jackson - Schmucker, C.) |
|
|
| Dennis Wayne Kurts, |
|
Jerry M. Engle |
| Defendant-Appellee. |
|
|
______________________________________ |
|
|
Click to view briefs in Adobe format:
Plaintiff-Appellant's Brief on Appeal>>
Defendant-Appellee Delores Marie Derror's Brief on Appeal>>
Defendant-Appellee Dennis Wayne Kurts' Brief on Appeal>>
Background
Delores Marie Derror's car crossed the center line and struck an oncoming vehicle, killing a woman and seriously injuring three children. After a deputy sheriff found five marijuana cigarettes in Derror's purse, Derror admitted that she had smoked marijuana. A provision of the Michigan Motor Vehicle Code (MCL 257.625(8)) states that a driver "shall not operate a vehicle . if the [driver] has in his or her body any amount of a controlled substance listed in schedule 1" of the public health code. Derror was charged with 1) operating a motor vehicle with any amount of a schedule 1 controlled substance in her body causing death, 2) operating a motor vehicle with any amount of a schedule 1 controlled substance in her body causing serious injury, and 3) possession of marijuana. Blood samples taken from Derror contained carboxy THC, which is the metabolite of THC, the pharmacological component of marijuana. The trial court ruled that carboxy THC is not a schedule 1 controlled substance for purposes of MCL 257.625(8), but that evidence of carboxy THC could be used to establish that THC was present in Derror's blood when she was driving. The prosecutor appealed; the Court of Appeals granted leave to appeal and consolidated the Derror case with a similar prosecutor appeal involving another case, People v Kurts . Kurts, who was stopped for driving erratically, admitted to the police that he had recently smoked marijuana. Blood test results showed carboxy THC in Kurts' body. The charges against Kurts included operating a motor vehicle with any amount of a schedule 1 controlled substance in his body. The trial court dismissed the controlled substance charge, concluding that carboxy THC was not a controlled substance and that there was insufficient evidence that Kurts had a controlled substance in his body when he was driving. In a consolidated published opinion, the Court of Appeals affirmed the trial courts' rulings in both Derror and Kurts . Carboxy THC is not a controlled substance in itself, the Court of Appeals stated. But the appeals court also held that there was sufficient evidence to go to the jury on whether Derror and Kurts had THC in their systems when operating their motor vehicles. Accordingly, the Court of Appeals reinstated the controlled substance charge against Kurts. The prosecutors appeal.
Top of Page
|
