Opinion
358223
09-21-2021
People of Michigan v. Dennis Anthony Hall
LC No. 2019-272969-FC
Christopher M. Murray Presiding Judge, Deborah A. Servitto, J.ORDER
Colleen A. O'Brien Judges
By order of August 19, 2021, the application for leave to appeal was held in abeyance pending filing of the relevant transcripts and defendant's answer to the application. The transcripts and answer having been filed, the Court orders, pursuant to MCR 7.205(E)(2), that the circuit court's August 18, 2021, orders are REVERSED. The plain language of MCR 6.410(A) clearly requires that 12 jurors decide a criminal case unless the parties stipulate to a jury with less than 12 jurors and the trial court approves the stipulation. Therefore, absent a stipulation, the prosecutor was entitled to proceed with a jury of 12 members. In addition, MCR 6.410(B) requires that a jury verdict be unanimous. Given the requirement in MCR 6.410(A) that a jury consist of 12 jurors, a verdict rendered with only nine jurors is not a unanimous verdict of 12 jurors. Further, courts have traditionally deemed the inability to reach a verdict as constituting manifest necessity warranting a mistrial. People v Lett, 466 Mich. 206, 217; 644 N.W.2d 743 (2002). Because the current jury has only nine members, it is unable to reach a verdict. Accordingly, the August 18, 2021, orders are REVERSED and this case is remanded for further proceedings.
The Court retains no further jurisdiction.