Opinion
SC 164098 COA 351971
12-06-2023
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. FREDERICK MICHAEL FREDELL, Defendant-Appellant.
Genesee CC: 16-039787-FC
Elizabeth T. Clement, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Bernstein, Megan K. Cavanagh, Elizabeth M. Welch, Kyra H. Bolden, Justices.
ORDER
By order of June 29, 2022, the application for leave to appeal the January 20, 2022 judgment of the Court of Appeals was held in abeyance pending the decision in People v. Monroe (Docket No. 163937). On order of the Court, leave to appeal having been denied in Monroe on July 21, 2023, 511 Mich. 1117 (2023), the application is again considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The parties shall file supplemental briefs in accordance with MCR 7.312(E), addressing whether conviction for both involuntary manslaughter, MCL 750.321, and reckless driving causing death, MCL 257.626(4), violates the constitutional double-jeopardy protection against multiple punishments for the same offense where the theory under which defendant was convicted of involuntary manslaughter requires that defendant act with "gross negligence" in committing an unintentional killing, People v. Holtschlag, 471 Mich. 1, 21-22 (2004), and MCL 257.626(4) requires that defendant cause a death with "willful or wanton disregard for the safety of persons or property."
We further 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. McKewen (Docket No. 158869) and People v. Gardner (Docket No. 163124).
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 issue presented in this case may move the Court for permission to file briefs amicus curiae.