Order Michigan Supreme Court
Lansing, Michigan
October 1, 2014 Robert P. Young, Jr.,
Chief Justice
148274 & (34) 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-Appellee, Justices
v SC: 148274
COA: 313548
Chippewa CC: 10-000378-FC
DARRIN SCOTT LAPINE,
Defendant-Appellant.
_________________________________________/
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.
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.
October 1, 2014
p0924
Clerk