People of Michigan v. Thabo Jones

• Court: Michigan Supreme Court
• Decided: November 27, 2013
• Docket: 147735
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

November 27, 2013 Robert P. Young, Jr., Chief Justice

147735 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano, Plaintiff-Appellant, Justices

v SC: 147735 COA: 312966 Wayne CC: 12-003749-FH THABO JONES, Defendant-Appellee.

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On order of the Court, the application for leave to appeal the September 10, 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 legislative provision barring consideration of a necessarily included lesser offense violates the separation of powers doctrine, Const 1963, art 3, § 2; (2) whether MCL 257.626(5) violates a defendant’s right to a jury trial by foreclosing a jury instruction on a lesser offense; and (3) whether MCL 257.601d is a necessarily included lesser offense of MCL 257.626(4).

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 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. November 27, 2013 p1126 Clerk