People of Michigan v. Robin Scott Duenaz , 498 Mich. 969 ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
January 29, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
150286 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 150286
COA: 311441
St. Clair CC: 12-000721-FC
ROBIN SCOTT DUENAZ,
Defendant-Appellant.
_________________________________________/
On January 14, 2016, the Court heard oral argument on the application for leave to
appeal the July 10, 2014 judgment of the Court of Appeals. On order of the Court, the
application is again considered, and it is DENIED, because we are not persuaded that the
question presented should be reviewed by this Court. We note, however, that the Court
of Appeals has remanded this case to the St. Clair Circuit Court for resentencing, and that
any such resentencing must comply with the procedure described in People v Lockridge,
498 Mich. 358 (2015).
In addition, we encourage the Legislature to clarify whether evidence of prior
sexual abuse constitutes “sexual conduct” within the meaning of the rape-shield statute,
MCL 750.520j. The statute does not define “sexual conduct,” and the proper
construction of that term is a question that has divided Justices of this Court. See People
v Parks, 483 Mich. 1040 (2009) (YOUNG, J., concurring) (MARKMAN, J., dissenting);
People v Piscopo, 480 Mich. 966 (2007) (MARKMAN, J., dissenting).
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.
January 29, 2016
s0126
Clerk