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Release Pending Appeal

Posted in COVID19-Category.

Administrative Order No. 2020-1 instructs trial courts to “be mindful that taking reasonable steps to protect the public is more important than strict adherence to normal operating procedures”; accordingly, when determining whether to release a defendant convicted of an assaultive crime pending appeal, the trial court must consider both the public health emergency and the factors under MCL 770.9a(2). People v Barber, ___ Mich ___, ___ (2020) (holding the trial court erred by failing to address the first factor under MCL 770.9a(2), making a conclusory determination regarding the second factor under MCL 770.9a(2), and erred in its factual determinations regarding the public health emergency where “there are many indications that incarcerated individuals are at a greater risk of COVID-19 infection,” and it failed “to adequately consider the defendant’s documented health conditions”).

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