Michigan Supreme Court

People v. Dupree

July 23, 2010486 Mich. 693

Summary

The Court held that common-law self-defense may justify a defendant's otherwise unlawful possession of a firearm in violation of the felon-in-possession statute when supported by sufficient evidence. Once the defendant produces evidence sufficient to inject self-defense, the prosecution must disprove the defense beyond a reasonable doubt. The Court also held that the trial court's erroneous momentary-innocent-possession instruction was outcome determinative and required a new trial on the felon-in-possession charge. Cavanagh, J., concurring in part and dissenting in part, agreed with the result but would have held that the duress issue was properly before the Court.