Opinion
362639
11-08-2023
People of Michigan v. Logan William Reurink
LC No. 2020-023983-FH
Christopher P. Yates Presiding Judge Mark T. Boonstra James Robert Redford Judges
ORDER
The motion to remand is DENIED for failure to persuade the Court of the necessity of a remand at this time. Denial of remand is without prejudice to a case call panel of this Court determining that remand is necessary once the case is submitted on a session calendar or another motion to remand filed after defendant has filed a supplemental brief in accordance with the following directive.
Defendant's appointed counsel is directed to file a supplemental brief addressing the following question:
In light of the graduated scheme of offenses and punishments under MCL 750.145c as analyzed by our Supreme Court in People v. Hill, 486 Mich. 658; 786 N.W.2d 601 (2010), and the exclusion from the definition of "make" under MCL 750.145c(1)(j) of "the creation of an identical reproduction or copy of child sexually abusive material within the same digital storage device or the same piece of digital storage media," did the trial court err in instructing the jury that downloading alone was sufficient to convict defendant of Counts 1, 2, and 3?
The supplemental brief shall be filed within 42 days after this order is entered. The prosecutor may file a supplemental brief in response.