People of Michigan v. Daniel Ray Bean

Michigan Supreme Court

People of Michigan v. Daniel Ray Bean

DecidedOctober 4, 2019

Docket159384

StatusPublished

This text of People of Michigan v. Daniel Ray Bean (People of Michigan v. Daniel Ray Bean) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People of Michigan v. Daniel Ray Bean, (Mich. 2019).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

October 4, 2019 Bridget M. McCormack, Chief Justice

159384 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra Richard H. Bernstein PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement Plaintiff-Appellant, Megan K. Cavanagh, Justices

v SC: 159384 COA: 342953 Muskegon CC: 17-000174-FC DANIEL RAY BEAN, Defendant-Appellee.

_________________________________________/

On order of the Court, the application for leave to appeal the February 14, 2019 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address whether second-degree child abuse, MCL 750.136b(3)(b), is an adequate predicate “other felony” to sustain a charge of CSC-I, MCL 750.520b(1)(c), when the alleged act of child abuse is a sexual penetration that is the same sexual penetration that forms the basis of the CSC-I charge. The time allowed for oral argument shall be 20 minutes for each side. MCR 7.314(B)(1).

The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issue presented in this case may move the Court for permission to file briefs amicus curiae.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. October 4, 2019 p1001 Clerk

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Order Michigan Supreme Court Lansing, Michigan

October 4, 2019 Bridget M. McCormack, Chief Justice

159384 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra Richard H. Bernstein PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement Plaintiff-Appellant, Megan K. Cavanagh, Justices

v SC: 159384 COA: 342953 Muskegon CC: 17-000174-FC DANIEL RAY BEAN, Defendant-Appellee.

_________________________________________/

On order of the Court, the application for leave to appeal the February 14, 2019 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address whether second-degree child abuse, MCL 750.136b(3)(b), is an adequate predicate “other felony” to sustain a charge of CSC-I, MCL 750.520b(1)(c), when the alleged act of child abuse is a sexual penetration that is the same sexual penetration that forms the basis of the CSC-I charge. The time allowed for oral argument shall be 20 minutes for each side. MCR 7.314(B)(1).

The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issue presented in this case may move the Court for permission to file briefs amicus curiae.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. October 4, 2019 p1001 Clerk

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People of Michigan v. Daniel Ray Bean, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-daniel-ray-bean-mich-2019.