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No. 138123
| People of the State of Michigan, |
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David A. King |
Plaintiff-Appellant, |
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(Appeal from Ct of Appeals) |
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(Washtenaw - Morris, M.) |
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| Ronald James Plunkett, |
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Kevin S. Gentry |
Defendant-Appellee. |
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| __________________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellant's Application for Leave to Appeal>>
Defendant-Appellee's Brief in Opposition to Application for Leave to Appeal>>
Defendant-Appellee's Supplemental Brief>>
Background
Ronald Plunkett and Tracy Ann Corson lived together. According to Corson’s later testimony, the two used drugs frequently. Corson used crack cocaine and heroin, while Plunkett typically used crack. On June 15, 2006, after Plunkett got off work, he and Corson drove to Detroit and bought heroin and crack cocaine with Plunkett’s money. They smoked crack, and Corson injected heroin on the drive back to Plunkett’s apartment. That evening, Corson received a phone call from a friend, Tiffany Gregory, asking if she had any drugs. Corson told Gregory to come over to Plunkett’s apartment, which she did, at about 3:00 a.m. Gregory was intoxicated when she arrived; she smoked crack with Corson, Plunkett, and another person in the living room. Then Gregory and Corson went into another room where both injected heroin. Corson went into the bathroom and, when she returned, Gregory was unconscious. She died of a drug overdose. Corson and Plunkett were arrested several months later.
At Plunkett’s preliminary examination, defense counsel argued that Plunkett had never possessed – constructively or otherwise – the heroin that caused Gregory’s death, and that he did not deliver it to Gregory. He argued that there was no logical nexus between the delivery and Gregory’s death. But the prosecutor countered that MCL 750.317a was intended to cover this exact situation. That statute states that a person who delivers a controlled substance, other than marijuana, “to another person . . . that is consumed by that person or any other person and that causes the death of that person or other person is guilty of a felony . . . .” The judge agreed with the prosecutor, and bound over Plunkett on four counts: delivery of heroin causing death, under MCL 750.317a; delivery of heroin less than 50 grams; delivery of cocaine; and maintaining a drug house. Plunkett moved to quash the bindover, and the circuit judge granted the motion as to the first two charges of delivery of heroin causing death and delivery of heroin less than 50 grams. The judge found that Plunkett had not given Gregory heroin and did not know that Corson intended to give Gregory heroin. As to whether Plunkett delivered heroin to Corson, the court concluded that Plunkett and Corson went together to the dealer and, at most, jointly procured the drugs for their own use. Finding no delivery by Plunkett, the circuit court concluded that the district court had abused its discretion when it bound Plunkett over on the first two charges. The circuit judge found sufficient evidence to support the charges for delivery of cocaine and maintaining a drug house. In a split published opinion, the Court of Appeals affirmed the circuit court’s ruling. The dissenting judge would have held that Plunkett aided and abetted the delivery of heroin to Corson. The prosecutor appeals.
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