Today at the Court

Today the Supreme Court hears oral argument in three cases. The only one involving criminal law is a post-conviction case, Kelly v. State.

One issue in Kelly is the effect, if any, of DeRushe v. State on cases where a court grants the state's motion for summary disposition on grounds not set out in the state's motion. DeRushe held, in part, that a petitioner who is represented by counsel may not challenge the adequacy of the state's notice for the first time on appeal. It also stated that the state's basis for the motion need only be set out with "reasonable particularity."

Another issue is whether the district court should have allowed Kelly, who was pro se, to present oral argument in opposition to the state's motion. The court scheduled a hearing on the state's motion. Mr. Kelly, who was in IDOC custody but held in Texas, did not appear. The court noted in its order dismissing the case that "Kelly did not request to appear at the hearing . . . until after the hearing was held." Mr. Kelly, however, had mailed a motion to transport ten days prior to the hearing which was not received by the court until two days after.