In People v. Seewald, No. 150146, the Michigan Supreme Court decided the meaning and effect of “legal act” under Michigan’s conspiracy statute, MCL 750.157a, which provides that a person is guilty of conspiracy when he or she conspires with one or more persons to commit a legal act using illegal means. In particular, the Court looked at whether the commission of an illegal act using illegal means constitutes the crime of conspiracy.

In doing so, the court held that MCL 769.25 violated the Sixth Amendment because it authorizes a judge to sentence a juvenile offender to life in prison without parole based on judicially-found facts. The defendant was convicted by a jury of first-degree premeditated murder, MCL 750.316(1)(a), attempted murder, MCL 750.91, and conspiracy to commit murder, MCL 750.157a, stemming from her orchestration of a brutal stabbing attack on her parents that occurred when she was seventeen. Her father died in the attack, but her mother survived.

In People v. Butler-Jackson, No. 315591, the Michigan Court of Appeals reversed a physician’s conviction for conspiracy to commit a legal act in an illegal manner, MCL 750.157a, because signing a physician certification form for a medical marijuana registry identification card without seeing patients is not prohibited by the MMMA, MCL.333.26423 et seq. The defendant, a physician, signed blank certification forms and given them to another person, who met with people seeking a medical marijuana registry identification card, filled in the form, and gave it to them for $250.