156406 - People v Joel Eusevio Davis
Attorney Information
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The People of the State
of Michigan,
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Amanda Smith
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Plaintiff-Appellant,
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v
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(Appeal from Ct of
Appeals)
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(Wayne – Cameron, T.)
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Joel Eusevio Davis,
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Jacqueline McCann
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Defendant-Appellee.
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Summary
Page Content
Defendant assaulted his
girlfriend by repeatedly striking her head in the bedroom of their home. When
she ran to the living room, he followed and repeatedly punched her in the face,
causing her nose and mouth to fill with blood. A jury convicted defendant of
assault with intent to do great bodily harm (AWIGBH) and aggravated domestic assault-second
offense. On appeal, defendant argued that his convictions violated the
constitutional prohibition against double jeopardy because the crimes of AWIGBH
and aggravated domestic assault have contradictory intent elements; the AWIGBH statute
requires the assault to be committed “with” the intent to do great bodily harm
less than murder, whereas the aggravated domestic assault statute requires the
assault to be committed “without” the intent to do great bodily harm less than
murder. In a published opinion, the Court of Appeals held that defendant was
improperly convicted “for a single act under two statutes with contradictory
and mutually exclusive provisions” and vacated defendant’s conviction for
aggravated domestic assault. Both parties sought leave to appeal in the Supreme
Court, which has granted leave to appeal to address: (1) whether the defendant’s
convictions under MCL 750.81a(3) and MCL 750.84 violate double jeopardy; (2)
whether MCL 750.81a and MCL 750.84 contain contradictory and mutually exclusive
provisions such that the Legislature did not intend a defendant to be convicted
of both crimes for the same conduct, compare People v Miller, 498 Mich 13, 18-26 (2015), with People v Doss, 406 Mich 90, 96-99
(1979); (3) whether the Court of Appeals erred in recognizing a rule against
mutually exclusive verdicts in Michigan, see generally United States v Powell, 469 US 57, 69 n 8 (1984); State v Davis, 466 SW3d 49 (Tenn, 2015);
and (4) whether the Court of Appeals erred in applying this rule to the facts
of this case. This case will be argued
at the same session as People v Price,
Docket No. 156180.