People v. Deroche

Jan 29, 2013

OUTCOME: The Court of Appeals held that statute prohibiting possession of a firearm while intoxicated was unconstitutional as applied to constructive possession

Defendant charged with possession of a firearm while intoxicated moved to dismiss. The District Court, Brian MacKenzie, J., granted motion on Second Amendment and unlawful entry grounds. Prosecution ap ... pealed. The Circuit Court, Oakland County, Colleen A. O'Brien, J., affirmed dismissal based upon unlawful entry. Prosecution appealed, and defendant cross-appealed. People v Deroche, 299 Mich App 301; 829 NW2d 891 (2013)