People of Michigan v. Richard Lee Hartwick

• Court: Michigan Supreme Court
• Decided: June 11, 2014
• Docket: 148444
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

June 11, 2014 Robert P. Young, Jr., Chief Justice

148444 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra PEOPLE OF THE STATE OF MICHIGAN, Bridget M. McCormack Plaintiff-Appellee, David F. Viviano, Justices v SC: 148444 COA: 312308 Oakland CC: 2012-240981-FH RICHARD LEE HARTWICK, Defendant-Appellant. _________________________________________/

On order of the Court, the application for leave to appeal the November 19, 2013 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) whether a defendant’s entitlement to immunity under § 4 of the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq., is a question of law for the trial court to decide; (2) whether factual disputes regarding § 4 immunity are to be resolved by the trial court; (3) if so, whether the trial court’s finding of fact becomes an established fact that cannot be appealed; (4) whether a defendant’s possession of a valid registry identification card establishes any presumption for purposes of § 4 or § 8; (5) if not, what is a defendant’s evidentiary burden to establish immunity under § 4 or an affirmative defense under § 8; (6) what role, if any, do the verification and confidentiality provisions in § 6 of the act play in establishing entitlement to immunity under § 4 or an affirmative defense under § 8; and (7) whether the Court of Appeals erred in characterizing a qualifying patient’s physician as issuing a prescription for, or prescribing, marijuana.

We direct the Clerk to schedule the oral argument in this case for the same future session of this Court when it will hear oral argument in People v Tuttle (Docket No. 148971).

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, 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. June 11, 2014 p0604 Clerk