Order Michigan Supreme Court
Lansing, Michigan
October 22, 2014 Robert P. Young, Jr.,
Chief Justice
149502 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: 149502
COA: 314375
Leelanau CC: 12-001777-FH
JOSEPH WILLIAM MILLER,
Defendant-Appellee.
_____________________________________/
On order of the Court, the application for leave to appeal the March 11, 2014
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed whether the state and federal Double Jeopardy
Clauses, US Const, Am V, and Const 1963, art 1, § 15, prohibit punishment for both the
compound offense of Operating While Intoxicated (OWI) causing serious injury, MCL
257.625(5), and its predicate offense of OWI, MCL 257.625(1) and (9)(a), where both the
compound and predicate offenses have alternative elements. Compare People v Ream,
481 Mich 223 (2008), with United States v Dixon, 509 US 688; 113 S Ct 2849; 125 L Ed
2d 556 (1993), and People v Wilder, 485 Mich 35 (2010). The parties shall also include
among the issues to be briefed: (1) whether the existence of prior convictions under
MCL 257.625(9)(c) amounts to an element of OWI causing serious injury for purposes of
the state and federal Double Jeopardy Clauses and, accordingly, (2) whether punishment
for both third-offense OWI, MCL 257.625(9)(c), and OWI causing serious injury
amounts to impermissible multiple punishment under the Double Jeopardy Clauses, or
whether each offense has an element that the other does not.
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association 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.
October 22, 2014
h1015
Clerk