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151342 - People v Timothy Patrick March

The People of the State of Michigan,
 
David A. McCreedy
 
Plaintiff-Appellee,
 
v
(Appeal from Ct of Appeals)
 
 
(Wayne – Massey Jones, V.)
 
Timothy Patrick March,
 
M. Michael Koroi
 
Defendant-Appellant.
 

Summary

​Defendant Timothy March was charged with larceny for allegedly stealing items, including cabinets, a furnace, and a dishwasher, from his father’s home.  The items were removed after the home was sold at a foreclosure sale, but before the statutory redemption period expired.  March argued that the charges should be dismissed, because he and his father had the right to possess the property until the redemption period expired.  He also argued that the items removed from the home were “fixtures,” not “goods or property,” and therefore insufficient to establish a larceny.   The trial court granted March’s motion to dismiss.  The prosecutor appealed to the Court of Appeals, which reversed in an unpublished opinion per curiam.  The Supreme Court will consider: (1) whether March’s alleged removal of fixtures from the mortgaged premises after a sheriff’s sale but prior to the expiration of the redemption period may subject him to criminal liability for larceny; and (2) whether fixtures taken from real property may be the subject of larceny under MCL 750.356(1).