People of Michigan v. Shae Lynn Mullins , 919 N.W.2d 283 ( 2018 )

Order Michigan Supreme Court
Lansing, Michigan
November 16, 2018 Stephen J. Markman,
Chief Justice
157116 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Kurtis T. Wilder
Plaintiff-Appellee, Elizabeth T. Clement,
Justices
v SC: 157116
COA: 334098
Berrien CC: 2015-000156-FH
SHAE LYNN MULLINS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 30, 2017
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on the application. MCR 7.305(H)(1). The appellant shall file a supplemental
brief within 42 days of the date of this order, addressing: (1) whether MCL 722.633(5),
which criminalizes making a false report of felony child abuse, applies to non-mandatory
reporters; (2) whether the phrase “intentionally makes a false report of child abuse or
neglect” (emphasis added) is broad enough to encompass a circumstance in which a child
is intentionally enlisted for the purpose of falsely accusing another of abuse or neglect,
see MCL 750.411a; United States v Giles, 300 U.S. 41, 48-49; 57 S. Ct. 340; 81 L. Ed. 493
(1937); and (3) whether MCL 722.633(5) must be read in light of the common-law
doctrine of the innocent agent. See Const 1963, art 3, § 7. In addition to the brief, the
appellant shall electronically file an appendix conforming to MCR 7.312(D)(2). In the
brief, citations to the record must provide the appendix page numbers as required by
MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being
served with the appellant’s brief. The appellee shall also electronically file an appendix,
or in the alternative, stipulate to the use of the appendix filed by the appellant. A reply, if
any, must be filed by the appellant within 14 days of being served with the appellee’s
brief. 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. 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.
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.
November 16, 2018
t1106
Clerk