Order Michigan Supreme Court
Lansing, Michigan
October 1, 2010 Marilyn Kelly,
Chief Justice
140989 Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway
Plaintiff-Appellee, Alton Thomas Davis,
Justices
v SC: 140989
COA: 292712
Mecosta CC: 08-006293-FH
MICHAEL JAMES CARPENTER,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the March 16, 2010 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Mecosta Circuit Court to allow
the defendant to withdraw his no contest plea because not only was there no evidence
presented that the defendant was an originator of child sexually abusive material, but the
prosecutor admitted that the defendant was not an originator of child sexually abusive
material. Accordingly, the defendant’s conviction under MCL 750.145c(2) cannot be
sustained. See People v Hill, 486 Mich 658 (2010).
CORRIGAN, J. (concurring).
I concur in the order permitting defendant to withdraw his plea because this course
of action is consistent with the majority opinion in People v Hill, 487 Mich 658 (2010). I
write separately only to reiterate my disagreement with that majority opinion—which I
conclude incorrectly interpreted MCL 750.145c(2)—as expressed by Justice YOUNG’s
dissenting opinion in Hill, which I joined.
YOUNG, J. (concurring).
Although I recognize that this Court’s decision in People v Hill, 487 Mich 658
(2010), controls the interpretation of MCL 750.145(c), I continue to adhere to the
position stated in my dissenting opinion in that case that, like defendant here, a person
who makes copies of child pornography thereby “produces” or “makes” child sexually
abusive material sufficient to sustain a conviction under MCL 750.145(c)(2).
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.
October 1, 2010 _________________________________________
s0928 Clerk