Opinion
Docket No. 147735. COA No. 312966.
2013-11-27
PEOPLE of the State of Michigan, Plaintiff–Appellant, v. Thabo JONES, Defendant–Appellee.
Prior report: 302 Mich.App. 434, 839 N.W.2d 51.
Order
On order of the Court, the application for leave to appeal the September 10, 2013 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) whether a legislative provision barring consideration of a necessarily included lesser offense violates the separation of powers doctrine, Const. 1963, art. 3, § 2; (2) whether MCL 257.626(5) violates a defendant's right to a jury trial by foreclosing a jury instruction on a lesser offense; and (3) whether MCL 257.601d is a necessarily included lesser offense of MCL 257.626(4).
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.