PEOPLE OF MI V ROBERT JOHNSON

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V ROBERT JOHNSON
Docket No. 378902
LC No. 2025-294092-FH
Thomas C. Cameron
Presiding Judge
Brock A. Swartzle
Kathleen A. Feeney
Judges
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application for leave to
appeal, the Court VACATES the trial court’s September 10, 2025 order and REMANDS to the trial court
for reconsideration of defendant’s motion to dismiss. On remand, the trial court shall hold an evidentiary
hearing to determine whether the Oakland County Sheriff’s Office acted in bad faith by destroying body-
cam footage. See Arizona v Youngblood, 488 US 51, 57-58; 109 S Ct 333; 102 LEd 2d 281 (1988). The
trial court shall take evidence regarding the Sheriff’s Office’s retention policies for body-cam footage and
the reasons for the Office’s failure to retain the videos at issue in this case as required by MCL 780.316.
While it may be that the police merely acted negligently in failing to preserve the footage, see Youngblood,
488 US at 58, absent an evidentiary hearing, a fact question remains whether the police acted in bad faith.
On remand, the trial court shall make factual findings regarding bad faith and enter an order deciding
defendant’s motion to dismiss.
This order is to have immediate effect. MCR 7.215(F)(2).
We do not retain jurisdiction.
_______________________________
Presiding Judge
Cameron, J., would have denied the delayed application for leave to appeal.
A true copy entered and certified by Jerome W. Zimmer Jr. , Chief Clerk, on
Date
March 25, 2026

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