Order Michigan Supreme Court
Lansing, Michigan
February 6, 2009 Marilyn Kelly,
Chief Justice
137652 & (53) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman
Plaintiff-Appellee, Diane M. Hathaway,
Justices
v SC: 137652
COA: 275215
Washtenaw CC: 05-001189-FH
DAVID KIRCHER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the August 14, 2008 judgment of the Court of Appeals
is considered. The Clerk of the Court is directed to place this case on the April 2009
session calendar for argument on whether to grant the application or take other
peremptory action. MCR 7.302(G)(1). The parties shall submit supplemental briefs
within 28 days of the date of this order addressing whether the plain language of MCL
324.3115(4) requires a determinate sentence of five years for posing a substantial
endangerment to the public health, safety, or welfare, or whether the inclusion of that
statute in MCL 777.13c, listing those felonies to which the guidelines for minimum
sentences apply, requires the imposition of an indeterminate sentence. The parties should
not submit mere restatements of their application papers.
The Prosecuting Attorneys Association of Michigan and the Criminal Defense
Attorneys of Michigan are invited to file briefs amicus curiae, to be filed no later than
March 25, 2009. Other persons or groups interested in determination of the issue
presented in this case may move the Court for permission to file briefs amicus curiae, to
be filed no later than March 25, 2009.
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.
February 6, 2009 _________________________________________
p0203 Clerk