Opinion
No. 314705 No. 314706
08-05-2014
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v. PAUL CHARLES SEEWALD, Defendant-Appellee. PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v. DON DALE YOWCHUANG, Defendant-Appellee.
UNPUBLISHED Wayne Circuit Court
LC No. 12-010198-FH
Before: JANSEN, P.J., and SAAD and DONOFRIO, JJ. JANSEN, P.J. (dissenting).
I respectfully dissent. I conclude that the end goal of defendants' conspiracy was to place Congressman McCotter's name on the ballot—itself a legal act—and not merely to falsely sign the nominating petitions as circulators. Defendants' decision to falsely sign the nominating petitions as circulators in violation of MCL 168.544c was simply a necessary but illegal step taken in furtherance of their ultimate lawful objective. Therefore, in my opinion, defendants conspired "to commit a legal act in an illegal manner" within the meaning of MCL 750.157a(d). For this reason, I would reverse and remand to the district court for reinstatement of the charge of conspiracy to commit a legal act in an illegal manner under MCL 750.157a(d) against each defendant.
/s/ Kathleen Jansen