Michigan v. Smith (Opinion on Application - Partial Affirm / Reverse)Annotate this Case
As part of defendant Virgil Smith's plea deal, he agreed to resign his position as a state senator and not seek public office during his five-year probationary term. While serving as a state senator, in May 2015, defendant fired his rifle at his ex-wife’s car and into the air in her presence. He was charged with felonious assault; domestic violence; malicious destruction of personal property (worth $20,000 or more); and felony-firearm. After reviewing the agreement, the trial court determined that the terms of the plea violated the separation-of-powers doctrine and public policy. It struck down the terms but, over the prosecutor’s objection, enforced the rest of the plea deal. The Court of Appeals affirmed. The Michigan Supreme Court granted certiorari review to decide whether the resignation and bar-to-office provisions of the plea deal were enforceable, and if not, whether the trial court erred by refusing to allow the prosecutor to withdraw from the deal. The Court held: (1) the question regarding the resignation provision was moot and therefore the Court declined to reach it, and instead vacated the Court of Appeals’ discussion of that issue; (2) the bar-to-office provision was unenforceable as against public policy; and (3) the trial court erred by not permitting the prosecutor to withdraw from the plea agreement.