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152534 - People v Ryan Scott Feeley

The People of the State of Michigan,
 
William J. Valliencourt, Jr.
 
Plaintiff-Appellant,
 
v
(Appeal from Ct of Appeals)
 
 
(Livingston – Hatty, M.)
 
Ryan Scott Feeley,
 
Brian P. Morley
 
Defendant-Appellee.
 

Summary

Defendant Ryan Scott Feeley was arrested and charged with resisting and obstructing a police officer under MCL 750.81d, for failing to comply with the command of a Brighton reserve police officer. The district court refused to bind Feeley over for trial, however, ruling that the failure to comply with the command of a reserve police officer was not within the scope of the statute. The prosecutor appealed to the circuit court, which affirmed the district court’s ruling. The Court of Appeals also affirmed, in a published opinion, ruling that the relevant statute uses the general term “police officer,” and also lists other law enforcement professionals, but does not list “reserve police officer.” One judge dissented.  The prosecutor filed an application for leave to appeal in the Supreme Court which, on January 29, 2016, directed the Clerk to schedule oral argument on the application. At oral argument, the Court will consider whether the term “police officer” in MCL 750.81d(7)(b)(i) encompasses reserve police officers.