People of Michigan v. Michael Joseph Parks

• Court: Michigan Supreme Court
• Decided: November 30, 2010
• Docket: 141181
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

November 30, 2010 Marilyn Kelly, Chief Justice

141181 Michael F. Cavanagh Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman Diane M. Hathaway PEOPLE OF THE STATE OF MICHIGAN, Alton Thomas Davis, Plaintiff-Appellee, Justices

v SC: 141181 COA: 291011 Ingham CC: 08-001225-FH MICHAEL JOSEPH PARKS, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the April 20, 2010 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address whether the rule of People v Adams, 262 Mich App 89 (2004) — holding that inability to pay is not a defense to the crime of felony non-support under MCL 750.165 — is unconstitutional. See Port Huron v Jenkinson, 77 Mich 414 (1889).

We further ORDER that this case be argued and submitted to the Court together with the cases of People v Likine (Docket No. 141154) and People v Harris (Docket No. 141513) at such future session of the Court as the cases are ready for submission. Each side will have 30 minutes for oral argument.

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

I, Corbin R. Davis, 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. November 30, 2010 _________________________________________ s1027 Clerk