Opinion
SC 163124 COA 350756
12-06-2023
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v. CHRISTIAN ANDREW GARDNER, Defendant-Appellee.
Wayne CC: 18-006144-FC
Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
Elizabeth T. Clement, Chief Justice
By order of June 29, 2022, the application for leave to appeal the April 29, 2021 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, and it is GRANTED. The parties shall address whether conviction for both assault with intent to murder, MCL 750.83, and felonious assault, MCL 750.82, violates the constitutional double-jeopardy protection against multiple punishments for the same offense where MCL 750.83 requires intent "to commit the crime of murder," and MCL 750.82 applies where an assault is committed "without intending to commit murder or to inflict great bodily harm less than murder." The time allowed for oral argument shall be 15 minutes for each side. MCR 7.314(B)(1).
We further ORDER the Wayne Circuit Court, in accordance with Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint the State Appellate Defender Office to represent the defendant in this Court.
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 Fredell (Docket No. 164098).
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.