Michigan v. White, Jr.
Annotate this CaseDefendant Kevin White, Jr., was charged with aiding and abetting the delivery of a controlled substance causing death, for allegedly selling drugs in Macomb County that later caused the fatal overdose in Livingston County. Defendant moved to dismiss the charges, arguing that under Michigan v. McBurrows, 504 Mich 308 (2019), venue was proper only in Macomb County. The court denied the motion, but stayed the proceedings so that defendant could appeal the decision. After granting defendant’s application for an interlocutory appeal, the Court of Appeals affirmed, holding that venue was proper in Livingston County under MCL 762.8, which allowed certain felonies to be prosecuted in any county that the defendant intended the felony or acts done in perpetration of the felony to have an effect. Defendant sought leave to appeal this decision, and the Michigan Supreme Court peremptorily reversed the Court of Appeals, holding that there was no evidence that defendant knew that the drugs would be consumed in Livingston County. On remand, the Court of Appeals once again affirmed the trial court in an unpublished per curiam opinion. Defendant applied for leave to appeal, and the Supreme Court ordered and heard oral argument on whether to grant the application or take other action. The Supreme Court held that the county in which the criminal act of the principal occurred was a proper venue, therefore affirming the Court of Appeals.
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