Order Michigan Supreme Court
Lansing, Michigan
November 27, 2013 Robert P. Young, Jr.,
Chief Justice
147735 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano,
Plaintiff-Appellant, Justices
v SC: 147735
COA: 312966
Wayne CC: 12-003749-FH
THABO JONES,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the September 10, 2013
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether a legislative provision barring
consideration of a necessarily included lesser offense violates the separation of powers
doctrine, Const 1963, art 3, § 2; (2) whether MCL 257.626(5) violates a defendant’s right
to a jury trial by foreclosing a jury instruction on a lesser offense; and (3) whether
MCL 257.601d is a necessarily included lesser offense of MCL 257.626(4).
The Prosecuting Attorneys Association of Michigan and the Criminal Defense
Attorneys 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.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
November 27, 2013
p1126
Clerk