separation of powers

Steve Carmody/Michigan Radio

The Michigan Supreme Court has agreed to decide whether a judge can ignore part of a state law that limits what a jury can consider as part of a criminal case.

The defendant in the case was charged with reckless driving that caused a fatality. His lawyer asked the judge to order the jury to consider a lesser charge. The judge agreed, even though state law specifically doesn’t allow that. The judge said the law violates the state constitution, and its separation of powers doctrine.