PEOPLE v. DUPREE

Docket No. 139396.

788 N.W.2d 399 (2010)

486 Mich. 693

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Roberto Marchello DUPREE, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 23, 2010.

Rehearing Denied September 14, 2010.


Attorney(s) appearing for the Case

Michael A. Cox , Attorney General, B. Eric Restuccia , Solicitor General, Kym L. Worthy , Prosecuting Attorney, and Timothy A. Baughman , Chief of Research, Training and Appeals, and Joseph A. Puleo , Assistant Prosecuting Attorney, for the people.

Kevin Ernst , for defendant.

Brian A. Peppler , David S. Leyton , and Donald A. Kuebler , for the Prosecuting Attorneys Association of Michigan.


Opinion

CORRIGAN, J.

In this criminal case, we hold that the traditional common law affirmative defense of self-defense may be interposed to a charge of being a felon in possession of a firearm, MCL 750.224f. Defendant temporarily possessed a firearm in violation of the felon-in-possession statute but introduced evidence at trial supporting the theory that his violation was justified because he acted in self-defense. The prosecutor did not resist defendant...

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