Michigan Supreme Court justices brought the 29^th Court Community Connections Program to Southwestern Michigan College April 24 along with the Pokagon Band of Potawatomi and Cass County courts.

The program, launched in 2007, aims to provide high school students with a profound understanding of Michigan’s judicial system and appellate courts.

In advance, students from across Cass and Berrien counties received a briefing about the case the high court heard in oral arguments by two Livingston County lawyers in the theatre of the Dale A. Lyons Building on SMC’s Dowagiac campus.

Following the argument, there was a debriefing session with Livingston County Assistant Prosecutor William Worden and defense attorney Kristina Dunne, as well as Chief Commissioner Daniel C. Brubaker and Commissioner Liza Moore, Michigan Supreme Court.

Students, who peppered jurists with questions like could other clothing items, such as belts, be considered weapons, also met and posed for photos with Chief Justice Elizabeth T. Clement (term, 2018-26); and Justices Elizabeth M. Welch (2021-28); Richard H. Bernstein (2015-2030); Megan K. Cavanagh (2018-26); Kyra H. Bolden (joined the court Jan. 1, 2023, until Jan. 1, 2025; to complete the remainder of Justice Bridget Mary McCormack’s term expiring Jan. 1, 2029, the former state legislator must stand for re-election in November), Brian K. Zahra (2011-30); and David F. Viviano (2013-24). Justices serve eight-year terms.

The Supreme Court normally hears oral arguments at the Michigan Hall of Justice in Lansing. This was the first Court Community Connection involving one of the state’s 12 federally-recognized tribes, represented by Chief Judge Michael Petoskey, who gave opening remarks with Cass County Chief Judge Carol M. Bealor after a welcome by Thomas F. Jerdon, chairman of the SMC Board of Trustees.

The proceedings led off with an honor song drum performance by the Ribbon Town Singers.

In the 2021 case, No. 165544, the People of MI v Evan Andrew Oslund, the defendant, a juvenile, has been charged with assault to do great bodily harm less than murder, on an aiding abetting theory for allegedly recording a video released online of two other juveniles assaulting a 16-year-old boy by punching and kicking him.

The defendant has been charged as an adult under the automatic waiver statute. The defendant filed motions in circuit court to quash the bind over and to dismiss for lack of personal jurisdiction, arguing that the prosecution failed to establish that he was “armed with a dangerous weapon.”

The trial court denied the motions on the basis that the footwear worn by the alleged assailants were dangerous weapons within the meaning of the automatic waiver statute.

The Court of Appeals denied the defendant’s application for leave to appeal, but the Supreme Court remanded the case to the Court of Appeals for consideration as on leave granted.

On remand, the Court of Appeals, in a 2-1 unpublished opinion, affirmed the trial court. The Supreme Court granted leave to appeal to address two issues: whether shoes can constitute dangerous weapons; and even if shoes can constitute dangerous weapons, whether the motion to quash should have been granted because there was no evidence that the defendant was “armed with a dangerous weapon” during the assault.

Brubaker noted the Supreme Court is not required to take cases, receiving between 1,400 to 1,600 applications for leave to appeal, hearing about 80 each year.

The Pokagon Band hosted a dinner catered by Four Winds Casino Resort for the justices and court staff Tuesday evening at their Dailey Road community center.

Judge Petoskey and Tribal Chairwoman Rebecca Richards gave welcomes, followed by remarks from Judge Bealor and her retired predecessor, Susan Dobrich; Justice Cavanagh, the tribal court liaison; and Chief Justice Clement.