Opinion
SC: 164195 COA: 354735 SC: 164227 COA: 354667
10-07-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Anthony Ray HULL, Defendant-Appellant. People of the State of Michigan, Plaintiff-Appellee, v. Brandi Marie Hull, Defendant-Appellant.
Order
On order of the Court, the applications for leave to appeal the February 1, 2022 judgment of the Court of Appeals are considered. We direct the Clerk to schedule oral argument on the applications. MCR 7.305(H)(1). The parties shall address: (1) whether a person has a right to resist arrest where an arresting officer's actions cause the person to reasonably believe the arrest is unlawful, Drennan v People , 10 Mich. 169, 177 (1862) ; and (2) whether the prosecution presented sufficient evidence that defendants resisted, obstructed, or opposed a police officer, People v Vasquez , 465 Mich. 83, 631 N.W.2d 711 (2001). In addition, the parties in Docket No. 164195 shall address whether a person may aid another in resisting an unlawful arrest, and the parties in Docket No. 164227 shall address whether counsel was ineffective for failing to request that the jury be instructed that a person has a right to resist arrest where an arresting officer's actions cause the person to reasonably believe the arrest is unlawful.
We further ORDER the Tuscola Circuit Court, in accordance with Administrative Order 2003-03, to determine whether defendant Anthony Ray Hull is indigent and, if so, to appoint counsel to represent him in this Court.
The total time allowed for oral argument shall be 40 minutes: 20 minutes for the plaintiff, and 20 minutes for defendants, to be divided at their discretion. MCR 7.314(B)(2).
The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.