Order Michigan Supreme Court
Lansing, Michigan
November 30, 2010 Marilyn Kelly,
Chief Justice
141154 Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway
PEOPLE OF THE STATE OF MICHIGAN, Alton Thomas Davis,
Plaintiff-Appellee, Justices
v SC: 141154
COA: 290218
Oakland CC: 2008-220669-FH
SELESA ARROSIEUR LIKINE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the April 20, 2010
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address whether the rule of People v Adams, 262 Mich App 89 (2004) — holding that
inability to pay is not a defense to the crime of felony non-support under MCL 750.165
— is unconstitutional. See Port Huron v Jenkinson, 77 Mich 414 (1889).
We further ORDER that this case be argued and submitted to the Court together
with the cases of People v Parks (Docket No. 141181) and People v Harris (Docket No.
141513) at such future session of the Court as the cases are ready for submission. Each
side will have 30 minutes for oral argument.
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.
DAVIS, J., not participating. I recuse myself and am not participating because I
was on the Court of Appeals panel in this case. See MCR 2.003(B).
I, Corbin R. Davis, 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 30, 2010 _________________________________________
p1027 Clerk