Opinion
No. 142712.
June 22, 2011.
Reported below: Mich App ___.
Leave to Appeal Granted June 22, 2011.
The parties shall include among the issues to be briefed (1) whether a defendant is eligible to assert the affirmative defense of medical use of marijuana under MCL 333.26428(a) without first obtaining a valid "registry identification card"; (2) whether the language "[e]xcept as provided in section 7" in MCL 333.26428(a) requires a defendant to fulfill all the conditions set forth in MCL 333.26424 in order to have a valid defense under MCL 333.26428(a); and (3) whether a defendant may assert the affirmative defense under MCL 333.26428(a) as a defense at trial after a court has denied the defendant's motion to dismiss under MCL 333.26428(b).
We further order that this case be argued and submitted to the Court together with the case of People u Kolanek (Docket No. 142695), at such future session of the Court as both cases are ready for submission.
The Attorney General, the Criminal Defense Attorneys of Michigan, and the Prosecuting Attorneys Association 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.
In re MORRIS, NO. 142759; Court of Appeals No. 299471. By order of April 22, 2011, while retaining jurisdiction, we remanded this case to the Court of Appeals for reconsideration of the respondent father's appeal in light of the confession of error by petitioner, the Department of Human Services, regarding the notice violation under the Indian Child Welfare Act (ICWX), 25 USC 1901 et seq. On order of the Court, the Court of Appeals having filed its opinion on remand on May 19, 2011, the application for leave to appeal is again considered, and it is granted, limited to the issue whether the Court of Appeals "conditional affirmance" remedy is an appropriate method of resolving an ICWA violation.
We further order the Wayne Circuit Court Family Division to appoint attorney Vivek Sankaran of the University of Michigan Law School Child Advocacy Clinic, if feasible, to represent the respondent father in this Court.
The Children's Law, Family Law, and American Indian Law Sections of the State Bar 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.