Sunday, November 17, 2013

People v. Thousand case brief

People v. Thousand case brief summary
631 N.W.2d 694 (2001)

CASE SYNOPSIS
Defendant was charged with solicitation to commit third-degree criminal sexual conduct, attempted distribution of obscene material to a minor, and child sexually abusive activity. The Wayne Circuit Court, Michigan, granted defendant's motion to quash the information. The court of appeals affirmed the dismissal of the solicitation and attempted distribution of obscene material to a minor charges, but reversed the dismissal of the third charge.

ISSUE
On appeal, the Supreme Court of Michigan considered whether the doctrine of impossibility provided a defense to a charge of attempt to commit an offense prohibited by law under Mich. Comp. Laws § 750.92, or to solicitation to commit a felony under Mich. Comp. Laws § 750.157b.

DISCUSSION
  • The court concluded that the concept of impossibility, which the court never adopted as a defense, was not relevant to a determination whether a defendant has committed attempt under Mich. Comp. Laws § 750.92, and that the circuit court therefore erred in dismissing the charge of attempted distribution of obscene material to a minor on the basis of the doctrine of legal impossibility. 
  • The supreme court additionally concluded that, although the appeals court erred to the extent that it relied upon the concept of "impossibility" in dismissing the charge of solicitation of third-degree criminal sexual conduct, the charge was nevertheless properly dismissed because there was no evidence that defendant solicited any person to commit a felony or to do or omit to do an act which if completed would constitute a felony as proscribed by Mich. Comp. Laws § 750.157b.
CONCLUSION
The court of appeals' decision was reversed in part, affirmed in part, and remanded. The decision as to the charge of solicitation was affirmed. Otherwise, the decision as to the other two charges was reversed.

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