People of Michigan v. Larry Gerald Mead

Michigan Supreme Court

People of Michigan v. Larry Gerald Mead

DecidedApril 14, 2017

Docket154584

StatusPublished

This text of People of Michigan v. Larry Gerald Mead (People of Michigan v. Larry Gerald Mead) 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.

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People of Michigan v. Larry Gerald Mead, (Mich. 2017).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

April 14, 2017 Stephen J. Markman, Chief Justice

154584 Robert P. Young, Jr. Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 154584 COA: 327881 Jackson CC: 14-004482-FH LARRY GERALD MEAD, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the September 13, 2016 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals, and we REMAND this case to that court for consideration of: (1) whether this Court’s peremptory order in People v LaBelle, 478 Mich 891 (2007), is distinguishable; (2) whether the record demonstrates that the police officer reasonably believed that the driver had common authority over the backpack in order for the driver’s consent to justify the search, see Illinois v Rodriguez, 497 US 177, 181, 183-189; 110 S Ct 2793; 111 L Ed 2d 148 (1990); and (3) whether there are any other grounds upon which the search may be justified.

We do not retain jurisdiction.

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. April 14, 2017 p0411 Clerk

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Order Michigan Supreme Court Lansing, Michigan

April 14, 2017 Stephen J. Markman, Chief Justice

154584 Robert P. Young, Jr. Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 154584 COA: 327881 Jackson CC: 14-004482-FH LARRY GERALD MEAD, Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the September 13, 2016 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals, and we REMAND this case to that court for consideration of: (1) whether this Court’s peremptory order in People v LaBelle, 478 Mich 891 (2007), is distinguishable; (2) whether the record demonstrates that the police officer reasonably believed that the driver had common authority over the backpack in order for the driver’s consent to justify the search, see Illinois v Rodriguez, 497 US 177, 181, 183-189; 110 S Ct 2793; 111 L Ed 2d 148 (1990); and (3) whether there are any other grounds upon which the search may be justified.

We do not retain jurisdiction.

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. April 14, 2017 p0411 Clerk

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People of Michigan v. Larry Gerald Mead, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-larry-gerald-mead-mich-2017.

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