People of Michigan v. Michael Scott Barber ( 2019 )

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.
_________________________________________/
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