People of Michigan v. Robert Tuttle

Order Michigan Supreme Court
Lansing, Michigan
April 1, 2013 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
146392 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 146392
COA: 312364
Oakland CC: 2012-241272-FH
ROBERT TUTTLE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 11, 2012
order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for
consideration, as on leave granted, of (1) whether the defendant was entitled to dismissal
of the marijuana-related charges in Counts IV through VII of the second amended
information under the immunity provision in § 4 of the Michigan Medical Marihuana Act
(MMMA), MCL 333.26424; (2) whether the defendant was entitled to dismissal of these
charges under the affirmative defense in § 8(a) of the MMMA, MCL 333.26428(a); and
(3) if the defendant was not entitled to dismissal, whether he is permitted to raise the § 8
affirmative defense at trial.
I, Corbin R. Davis, 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.
April 1, 2013 _________________________________________
s0325 Clerk