People v. Jones
302 Mich. App. 434
Mich. Ct. App.2013Background
- Defendant was charged with reckless driving causing death under MCL 257.626(4) after a three-vehicle collision that killed the driver of the second vehicle.
- Trial court allowed instruction on the lesser offense of moving violation causing death under MCL 257.601d, contrary to MCL 257.626(5).
- MCL 257.626(5) prohibits instructions on moving violation causing death in a reckless-driving–death prosecution.
- The majority views MCL 257.626(5) as unconstitutional, invoking separation-of-powers and right-to-a-jury principles.
- Legislative control over substantive criminal law (what constitutes offenses) is recognized; courts retain role to instruct on the law, and moving violation causing death is a necessarily included lesser offense of reckless driving causing death.
- The dissent would affirm the trial court, maintaining MCL 257.626(5) is a valid legislative directive and consistent with Cornell and related authorities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MCL 257.626(5) violates separation of powers | People argues the statute unlawfully restricts the judiciary | Krause contends statute is constitutionally permissible | Unconstitutional as separation-of-powers violation |
| Whether moving violation causing death is a necessarily included lesser offense and can be instructed upon despite MCL 257.626(5) | People: it remains a lesser offense; instruction should be allowed | Krause: legislature may define offenses and bar such instructions | Moving violation causing death is a necessarily included offense; prohibition unconstitutional |
| Whether the Legislature may dictate jury instructions on lesser offenses through statutes and how this interacts with Cornell | People: Legislature cannot override substantive law; judiciary must instruct correctly | Krause: legislature may set substantive policy; court rulemaking remains communal with practice | Statute infringes on judiciary's instructional role; proper to allow accurate jury instruction on lesser offenses |
Key Cases Cited
- People v Cornell, 466 Mich 335, 646 N.W.2d 127 (2002) (2002) (limits on judicial instruction; substantive vs. procedural distinction)
- Nyx v. People, 479 Mich 112, 734 N.W.2d 548 (2007) (2007) (interprets what constitutes lesser included offenses within statutory framework)
- People v Binder (On Remand), 215 Mich App 30, 544 N.W.2d 714 (1996) (1996) (previously questioned MCL 768.32(2); later clarified by Supreme Court)
- People v Duncan, 462 Mich 47, 610 N.W.2d 551 (2000) (2000) (role of jury instructions and statutory structure)
- People v Chamblis, 395 Mich 408, 236 N.W.2d 473 (1975) (1975) (illustrates limits of jury instruction scope)
- McDougall v Schanz, 461 Mich 15, 597 N.W.2d 148 (1999) (1999) (constitutional framework for court rulemaking vs substantive law)
- People v Calloway, 469 Mich 448, 671 N.W.2d 733 (2003) (2003) ( Legislature defines crimes; Supreme Court sets practice/procedure)