Opinion
SC 165678 COA 360094
05-31-2024
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. CHRISTOPHER LEHMAN TADGERSON, Defendant-Appellant.
Manistee CC: 20-005067-FC
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
By order of September 8, 2023, the plaintiff-appellee was directed to answer the application for leave to appeal the March 23, 2023 judgment of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The parties shall file supplemental briefs in accordance with MCR 7.312(E), addressing: (1) whether the offense of being a prisoner in possession of a controlled substance ("PPCS"), MCL 800.281(4), is a strict liability offense or should be construed as having a scienter requirement or mens rea element, see MCL 8.9; People v Ramsdell, 230 Mich.App. 386 (1998); People v Tombs, 472 Mich. 446 (2005); and People v Magnant, 508 Mich. 151 (2021); and (2) if PPCS is not a strict liability offense, then what form of scienter requirement or mens rea element applies.
The Prosecuting Attorneys Association of Michigan, the Criminal Defense Attorneys of Michigan, and the Criminal Law Section of the State Bar 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.