People of Michigan v. Dorian Lamarr Price ( 2018 )

Order Michigan Supreme Court
Lansing, Michigan
May 4, 2018 Stephen J. Markman,
Chief Justice
156180 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement,
Plaintiff-Appellee, Justices
v SC: 156180
COA: 330710
Wayne CC: 15-004825-FC
DORIAN LAMARR PRICE,
Defendant-Appellant.
_____________________________________/
On order of the Court, the application for leave to appeal the June 1, 2017
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this
order addressing: (1) whether the defendant’s convictions under MCL 750.82 and MCL
750.84 violate double jeopardy; (2) whether MCL 750.82 and MCL 750.84 contain
contradictory and mutually exclusive provisions such that the Legislature did not intend a
defendant to be convicted of both crimes for the same conduct, compare People v Miller,
498 Mich. 13, 18-26 (2015) with People v Doss, 406 Mich. 90, 96-99 (1979); (3) whether
the Court of Appeals in People v Davis, 320 Mich. App. 484 (2017), erred in recognizing a
rule against mutually exclusive verdicts in Michigan, see generally United States v
Powell, 469 U.S. 57, 69 n 8 (1984); State v Davis, 466 S.W.3d 49 (Tenn, 2015); and (4)
whether that rule is applicable to the facts of this case.
In addition to the brief, the appellant shall electronically file an appendix
conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the
appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a
supplemental brief within 21 days of being served with the appellant’s brief. The
appellee shall also electronically file an appendix, or in the alternative, stipulate to the use
of the appendix filed by the appellant. A reply, if any, must be filed by the appellant
within 14 days of being served with the appellee’s brief. The parties should not submit
mere restatements of their application papers.
2
We direct the Clerk to schedule the oral argument in this case for the same future
session of the Court when it will hear oral argument in People v Davis (Docket No.
156406).
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.
May 4, 2018
a0501
Clerk