Opinion
Docket No. 148274. COA No. 313548.
10-01-2014
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Darrin Scott LAPINE, Defendant–Appellant.
Order
On order of the Court, the “motion for immediate consideration to obtain/transfer the Court of Appeals file and video to the Supreme Court for full review” is DENIED as moot because the Court has already received those items. The application for leave to appeal the October 23, 2013 order of the Court of Appeals is considered. We DIRECT the Chippewa County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. The prosecutor shall address the defendant's assertion that the state courts lacked subject matter jurisdiction in this case because he is Indian and the sentencing offenses occurred within the jurisdiction of the federal government or the Bay Mills Indian Community.
The application for leave to appeal remains pending.