Order Michigan Supreme Court
Lansing, Michigan
June 19, 2015 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
149907 & (36) Bridget M. McCormack
David F. Viviano
Richard H. Bernstein,
Justices
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v SC: 149907
COA: 315193
Jackson CC: 10-006275-FH
ERIC D. MOORE,
Defendant-Appellant.
____________________________________/
By order of April 3, 2015, the prosecuting attorney was directed to answer the
application for leave to appeal the June 24, 2014 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 and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal,
we VACATE in part the judgment of the Court of Appeals. The Court of Appeals erred
in stating that insanity is not a defense to general intent crimes. The insanity defense
statute, MCL 768.21a, does not limit application of the defense to specific intent crimes.
Rather, the statute makes clear that insanity is a defense to all crimes, including general
intent and strict liability offenses. Id. In stating otherwise, the Court of Appeals
misinterpreted our decision in People v Carpenter, 464 Mich 223 (2001). Relief is not
warranted, however, because our review of the record indicates that the evidence which
defendant claims was wrongly excluded would not have assisted defendant in proving the
defense of insanity by a preponderance of the evidence. See MCL 768.21a(3). In all
other respects, leave to appeal is DENIED, because we are not persuaded that the
remaining questions presented should be reviewed by this Court.
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.
June 19, 2015
p0616
Clerk