No. 19-424

Joel Howard James v. Michigan

Lower Court: Michigan
Docketed: 2019-09-30
Status: Denied
Type: Paid
Response Waived
Tags: class-of-one criminal-investigation due-process equal-protection equal-protection-clause fourteenth-amendment nonresident-tolling nonresident-tolling-provision privileges-and-immunities Privileges-and-Immunities-Clause Rational-Basis statute-of-limitations
Key Terms:
DueProcess
Latest Conference: 2019-11-15
Question Presented (from Petition)

1. Based on a "class of one" analysis, does the
Equal Protection Clause of the Fourteenth
Amendment to the United States Constitution bar application of the nonresident tolling
provision of MCL 767.24(10) where, although a
person did not usually and publicly reside
within the State of Michigan during the limitations period, no crime was reported nor any investigation initiated until years after the statute of limitations would otherwise have
run?

2. Does the nonresident tolling provision of MCL
767.24(10) violate the Privileges and Immunities Clause in Section 1 of the
Fourteenth Amendment to the United States
Constitution insofar as it creates a distinction
between residents of Michigan and nonresidents?

Question Presented (AI Summary)

Whether the nonresident tolling provision of MCL 767.24(10) violates the Equal Protection Clause and Privileges and Immunities Clause of the Fourteenth Amendment

Docket Entries

2019-11-18
Petition DENIED.
2019-10-30
DISTRIBUTED for Conference of 11/15/2019.
2019-10-16
Waiver of right of respondent Michigan to respond filed.
2019-09-30
Petition for a writ of certiorari filed. (Response due October 30, 2019)

Attorneys

Joel Howard James
Matthew John WojdaWhite, Wojda and Curtis, Petitioner
Michigan
Cynthia M. MuszynskiAlpena County Prosecutor Office, Respondent