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160968 - People v Kellie Nichole Stock

The People of the State of Michigan,

 

Deborah Blair

 

Plaintiff-Appellee,

 

v

(Appeal from Ct of Appeals)

 

 

(Wayne – Slavens, M.)

 

Kellie Nichole Stock,

 

Ian Kierpaul

 

Defendant-Appellant.

 

Summary

As a result of a fatal motor vehicle crash following a high-speed police chase, the defendant was convicted by a jury of a number of charges, including several involving operating a motor vehicle while intoxicated.   The Court of Appeals, in a 2-1 unpublished per curiam opinion, reversed the defendant’s convictions for operating a vehicle while license suspended or revoked, but affirmed the remaining convictions and sentences.  Among the issues the defendant raised on appeal, she challenged the sufficiency of the evidence on the driving while intoxicated charges, where evidence of cocaine metabolites in her system was used to demonstrate intoxication.  The Supreme Court has ordered oral argument on the application to address whether:  (1) under People v Feezel, 486 Mich 184, 204-212 (2010), the prosecution failed to present sufficient evidence that the defendant had cocaine in her system at the time of the crash based only on the presence of a cocaine metabolite in the defendant’s urine; and (2) defense counsel was ineffective for failing to challenge the use of cocaine metabolites to establish intoxication.​