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PEOPLE v. SHERMAN-HUFFMAN

Supreme Court of Michigan.
Mar 7, 2001

On order of the Court, the application for leave to appeal from the May 26, 2000 decision of the Court of Appeals is considered, and it is GRANTED, limited to the issue whether third-degree child abuse, MCL 750.136b(5); MSA 28.331(2)(5), is a specific intent crime. The parties shall address whether this Court should consider Model Penal Code definitions when our Legislature has not defined words concerning states of mind. See MPC ยง 2.02. We invite amicus briefing from interested persons and organizations, including the Attorney General of the State of Michigan, the Prosecuting Attorneys Association of Michigan, and the Criminal Defense Attorneys of Michigan. The application for leave to appeal as cross-appellant is also considered, and it is GRANTED.

Cavanagh and Kelly, JJ., would deny leave to appeal.