The Michigan Supreme Court has upheld two convictions and sentences for violating separate but similar gun crime laws. But two justices are not happy with the decision.
The defendant was convicted of carrying a firearm while committing a felony and being a felon in possession of a firearm, both charges and convictions coming from the same incident. The defendant said that violates the double jeopardy clauses in the U.S. and Michigan Constitutions. The state Supreme Court heard oral arguments in April on whether to take the case.
Now, in an unsigned order, the court declined. But Justices Elizabeth Welch and Kara Bolden said in a concurring statement that while the courts got the law right, the law is unfair.
Their opinion suggested the Legislature should take another look at the state’s felony firearm laws with an eye towards amendments so defendants don’t face multiple, similar charges arising from the same event.
