In Re Contempt of Dorsey

Order Michigan Supreme Court
Lansing, Michigan

June 1, 2016 Robert P. Young, Jr.,
Chief Justice

150298 Stephen J. Markman
Brian K. Zahra
_________________________________________ Bridget M. McCormack
David F. Viviano
In re Contempt of KELLY MICHELLE DORSEY. Richard H. Bernstein
_________________________________________ Joan L. Larsen,
Justices
PEOPLE OF THE STATE OF MICHIGAN,
Petitioner-Appellee,
v SC: 150298
COA: 309269
Livingston CC Family Division:
08-012596-DL
TYLER MICHAEL DORSEY,
Respondent,
and
KELLY MICHELLE DORSEY,
Appellant.

_________________________________________/

By order of December 23, 2015, the application for leave to appeal the September
9, 2014 judgment of the Court of Appeals was held in abeyance pending the decision in
In re Jones (Docket No. 152595). On order of the Court, the order granting leave to
appeal having been vacated in In re Jones, 499 Mich 862 (2016), the application is again
considered. We direct the Clerk to schedule oral argument on whether to grant the
application or take other action. MCR 7.305(H)(1). The parties shall file supplemental
briefs within 42 days of the date of this order addressing: (1) whether the family court
lacked subject matter jurisdiction to issue the order compelling the appellant to submit to
random drug testing as part of her son’s juvenile delinquency proceeding, see
MCL 712A.6; Jackson City Bank & Trust Co v Fredrick, 271 Mich 538, 544-545 (1935);
(2) whether Michigan recognizes any other exceptions to application of the collateral bar
rule, including (a) lack of opportunity for meaningful appellate review of the January 14,
2011 drug testing order; or (b) the appellant’s irretrievable surrender of constitutional
guarantees by complying with the drug testing order, see Maness v Meyers, 419 US 449;
95 S Ct 584; 42 L Ed 2d 574 (1975); and (3) whether the appellant has properly
preserved question (2) for appellate review. The parties should not submit mere
restatements of their application papers or their previously filed supplemental briefs.
 2

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.
June 1, 2016
p0525
Clerk