PEOPLE v. DEROCHE

Docket No. 304759.

829 N.W.2d 891 (2013)

299 Mich. App. 301

PEOPLE v. DEROCHE.

Court of Appeals of Michigan.

Decided January 29, 2013, at 9:00 a.m.


Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Jessica R. Cooper , Prosecuting Attorney, Thomas R. Grden , Appellate Division Chief, and Matthew A. Fillmore , Assistant Prosecuting Attorney, for the people.

The Law Offices of Steven W. Dulan, East Lansing, (by Steven W. Dulan ) for defendant.

Before: JANSEN, P.J., and SAWYER and FORT HOOD, JJ.


PER CURIAM.

This case presents a question of first impression, namely whether the Second Amendment of the United States Constitution precludes a prosecution for possession or use of a firearm by a person under the influence of alcoholic liquor, MCL 750.237, when the prosecution's theory is one of constructive possession in the defendant's own home. We conclude that it does.

Two Novi police officers were dispatched to a call involving a verbal altercation....

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