Opinion
No. 127142.
November 29, 2004.
SC: 127142, COA: 253261.
Leave to Appeal Granted.
The parties are to include among the issues to be briefed: (1) whether the "substantial" cause language in People v Lardie, 452 Mich 231 (1996), is consistent with the statute, (2) whether the requirement of MCL 257.625(4) that the prosecutor establish that the defendant's "operation of that motor vehicle causes the death of another person" requires the prosecutor to establish that the defendant's operation of the motor vehicle was affected by his intoxicated state, (3) whether the statute obligates the prosecutor to show that the defendant's driving at the time of the accident was a proximate cause of another person's death, (4) whether it is sufficient that the prosecutor establish only that the defendant decided to drive while intoxicated, and that a death resulted, and (5) if so, whether the statute violates the Equal Protection Clause of the Michigan Constitution, Const 1963, art 1, § 2, or the Equal Protection Clause of the United States Constitution, US Const, Am XIV, or is otherwise unconstitutional. The case is to be argued and submitted to the Court with People v Schaefer, No. 126067.