PEOPLE v. McFALL
309 Mich. App. 377
| Mich. Ct. App. | 2015Background
- McFall, a convicted sex offender, signed a SORA verification form but refused to pay the $50 registration fee.
- After release, McFall registered but did not verify his address between April 1 and April 15, 2013.
- MSP notified local authorities of noncompliance, leading to a charge under MCL 28.729(2).
- McFall was represented by appointed counsel; he later sought substitute counsel, which the trial court denied.
- The trial court ruled MCL 28.729(2) is a strict liability offense and did not instruct on willfulness; McFall was convicted.
- On appeal, McFall challenged the denial of substitute counsel and the failure to instruct on willfulness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was substitution of counsel proper? | McFall contends good cause existed. | McFall asserts substitution necessary due to conflict and communication issues. | No abuse of discretion; denial affirmed. |
| Should willfulness be an element of MCL 28.729(2) instruction? | State argues no willfulness requirement due to strict liability. | McFall argues willfulness should be an element based on statute context. | Plain-language, strict liability; no willfulness instruction required. |
Key Cases Cited
- People v Traylor, 245 Mich App 460 (2001) (abuse of discretion standard for substitute counsel)
- People v Feezel, 486 Mich 184 (2010) (principles for abuse of discretion in court decisions)
- People v Schaefer, 473 Mich 418 (2005) (de novo review of questions of law in jury instructions)
- People v Derror, 475 Mich 316 (2006) (partially overruled, context for review of instructions)
- People v Gillis, 474 Mich 105 (2006) (abuse of discretion standard for jury instruction applicability)
- People v Nasir, 255 Mich App 38 (2003) (strict liability offenses and mens rea considerations)
- People v Lockett (On Reh’g), 253 Mich App 651 (2002) (meaning of willfully and application to statute variants)
- People v Williams, 386 Mich 565 (1972) (general discussion of good cause in counsel substitution and related standards)
- People v Bass, 88 Mich App 793 (1979) (attorney-client communications and diligence considerations)
- People v Peltola, 489 Mich 174 (2011) (statutory interpretation about omissions and purposeful drafting)