People of the State of Michigan v. Brandon Scott Berry and Erin Leigh Buchholz

Bad Axe, Michigan criminal defense lawyers represented the Defendants charged with first-degree home invasion.

Berry and his former girlfriend, Allyson Majeski, purchased the home in question 2019. They held record title as joint tenants with full rights of survivorship. The two lived in the house together until their relationship ended. Berry moved out of the home in December 2021. After moving out, Berry sought legal representation to protect his interest in the home. In June 2023, Berry and Majeski reached a settlement agreement, under which Majeski would assume full ownership of the home in exchange for paying Berry $14,000. However, before the parties settled, Berry and Buchholz entered the home while Majeski was out of town. Majeski's sister was in the home at the time, and she called 911 for assistance. When Berry and Buchholz eventually exited the home, officers arrested them.



Berry and Buchholz moved in the district court to have the first-degree home invasion charges dismissed. They argued that Berry could not be found guilty of home invasion for having entered his own home, and that Buchholz could not be found guilty because Berry gave her permission to enter. The district court rejected the argument. The district court considered Berry's actions since he moved out of the home in December 2021, and determined that he had established a landlord-tenant relationship with Majeski. The court stated that although Berry continued to be "a co-title holder," he had lost the right to enter the home without first providing Majeski notice. "At this point," the court explained, Berry "would need permission to enter from Ms. Majeski, like a landlord who needs to give notice and receive permission to enter a home that he or she owns."



In the circuit court, Berry and Buchholz jointly moved to quash their bindover on the first-degree home invasion charges. Berry and Buchholz argued that Michigan appellate courts have consistently ruled that a person cannot commit home invasion when the person has a right of entry. There was no court order modifying this right. Berry and Buchholz argued that Berry had a right to enter the home on April 28, 2023 as a joint tenant with full rights of survivorship. Buchholz had a right to enter by virtue of Berry's permission. Additionally, Majeski's preliminary examination testimony included that she and Berry had never established a landlord-tenant relationship; there was no lease agreement between the parties, express or implied.



The circuit court affirmed the bind over on some lesser charges but concluded that the district court had abused its discretion by binding Berry and Buchholz on the charges of home invasion.



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PROPERTY LAW. CO-OWNERSHIP RIGHTS. The case determines whether a co-owner of a joint tenancy has a right to enter a property they co-own without residing in it, and whether they can authorise another to enter, thereby affecting the legitimacy of charges of first-degree home invasion against them.



CRIMINAL LAW. HOME INVASION. The court examines whether charges of first-degree home invasion can be supported against individuals who entered a dwelling with permission from a co-owner who had full rights of survivorship, in the absence of legal restrictions or a landlord-tenant relationship.



Key Phrases Consolidated interlocutory appeals. First-degree home invasion. Joint tenants with full rights. Landlord-tenant relationship. Legal right to enter.

In sum, because Berry's right to enter had not been altered, he could not be charged with first-degree home invasion on the basis that he entered his home without Majeski's permission. Nor could Buchholz, because Berry gave her permission to enter the home that night. See MCL 750.110a(1)(c). The circuit court did not abuse its discretion in granting in part the motion to quash the bindover. We affirm and remand for further proceedings with respect to the remaining charges.