People of Michigan v. Michael Scott Barber

• Court: Michigan Supreme Court
• Decided: December 23, 2019
• Docket: 159076
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

December 23, 2019 Bridget M. McCormack, Chief Justice

159076 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein Plaintiff-Appellee, Elizabeth T. Clement Megan K. Cavanagh, Justices v SC: 159076 COA: 339452 Berrien CC: 2017-015214-FC MICHAEL SCOTT BARBER, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the November 27, 2018 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE Part III of the Court of Appeals judgment, which did not address the defendant’s argument that the Legislature did not intend for a single act to result in convictions for both assault with intent to do great bodily harm less than murder, MCL 750.84(1)(a), and assault by strangulation, MCL 750.84(1)(b). We REMAND this case to the Court of Appeals for reconsideration in light of People v Miller, 498 Mich 13, 19 (2015). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.

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. December 23, 2019 t1216 Clerk