Michigan v. McBurrows

Romon McBurrows was charged in the Monroe Circuit Court with one count of delivery of a controlled substance causing death, in connection with the death of Nicholas Abraham. Abraham, a resident of Monroe County, had driven an acquaintance to a house in Wayne County where the acquaintance bought heroin from defendant. Abraham and the acquaintance used some of the heroin in a nearby parking lot and then returned to their homes. Abraham was found unresponsive the next morning and was pronounced dead later that day. An autopsy concluded that Abraham had died from an overdose of fentanyl, which is sometimes mixed with heroin. Defendant filed a motion disputing Monroe County as a proper venue, and the trial court denied the motion. Defendant then applied for leave for interlocutory appeal with the Court of Appeals, which granted leave, stayed the trial court proceedings pending the appeal, and ultimately reversed, finding venue was proper in Wayne County, where defendant allegedly delivered the heroin. The Michigan Supreme Court concluded venue in a case like this, was properly laid in a county if the death, but not the delivery, occurred in that county. Therefore, venue was proper in Wayne County. View "Michigan v. McBurrows" on Justia Law