Michigan v. Washington

In an unpublished, split decision, the Michigan Court of Appeals majority concluded that the misdemeanor offense of keeping or maintaining a drug house is not a “felony” for purposes of the Penal Code and, therefore, cannot serve as the predicate felony for a felony-firearm conviction. The Michigan Supreme Court reversed the appellate court: when the government charges a criminal defendant with felony-firearm under the Penal Code, the Court must look to the Penal Code to ascertain the meaning of the word “felony,” which was defined as an offense punishable by imprisonment in state prison. "Although the Legislature intended the offense of keeping or maintaining a drug house to be a misdemeanor for purposes of the Public Health Code, that offense is punishable by imprisonment in a state prison, and, therefore, it unquestionably satisfies the definition of 'felony' in the Penal Code. Thus, under the clear and unambiguous language of the Penal Code, which this Court must apply as written, a person who carries or possesses a firearm when keeping or maintaining a drug house is guilty of felony-firearm." View "Michigan v. Washington" on Justia Law