People of Michigan v. Romon Berry McBurrows
322 Mich. App. 404
| Mich. Ct. App. | 2017Background
- Defendant allegedly delivered fentanyl to an intermediary in Detroit (Wayne County) in a heroin transaction that allegedly led to a death elsewhere.
- Nicholas Abraham died in Monroe County from fentanyl toxicity after the drug was obtained through defendant and used in Monroe County.
- Prosecution charged one count of delivery of fentanyl causing death; defendant moved to dismiss asserting lack of venue/jurisdiction.
- Trial court ruled venue could be in either Wayne or Monroe County because elements occurred in both counties and because a mortal wound occurred in Monroe County.
- The issue presented is whether Monroe County is a proper venue for the charged offense, given the delivery occurred in Wayne County.
- Court analyzes venue statutes to determine where the offense was committed and whether exceptions to the general venue rule apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Monroe County proper venue for the offense? | McBurrows asserts MonroeVenue is proper under 762.8/762.5 due to death in Monroe. | McBurrows contends the offense was complete in Wayne County; Monroe has no act by defendant. | Monroe venue improper; reversal and remand due to Wayne County as proper venue. |
| Does MCL 762.8 authorize venue where any act occurred or where the defendant intended an effect? | Venue may lie where any act occurred or where the defendant intended an effect. | There was no act in Monroe; no intent to have an effect in Monroe; thus no venue there. | MCL 762.8 does not authorize Monroe venue; acts occurred in Wayne County. |
| Does MCL 762.5 (poison/mortal wound) support venue in Monroe when death occurred there? | Death in Monroe could satisfy 762.5 via poisoning/poison administered in one county with death in another. | No direct administration or poisoning occurred in Monroe; cannot rely on 762.5. | 762.5 does not authorize Monroe venue; no mortal wound/poison inflicted in Monroe. |
Key Cases Cited
- People v Johnson, 427 Mich 98 (1986) (defines jurisdiction/venue concepts)
- People v Lown, 488 Mich 242 (2011) (general jurisdiction of circuit courts; venue framework)
- Gross v Gen Motors Corp, 448 Mich 147 (1995) (venue location and related rules)
- People v Webbs, 263 Mich App 531 (2004) (venue principles for criminal prosecutions)
- Houthoofd, 487 Mich 568 (2010) (de novo review of venue; two-statutory avenues to venue choice)
- Southwick, 272 Mich 258 (1935) (venue based on where poisoning/injury occurred; historical precedent for 762.5)
- Plunkett, 485 Mich 50 (2010) (delivery element; how statute structures culpability and penalties)
- Collins, 298 Mich App 458 (2012) (delivery defined and knowledge requirement for Schedule 1/2 substances)