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People v. Brashier

Michigan Court of Appeals
May 20, 1992
487 N.W.2d 479 (Mich. Ct. App. 1992)

Opinion

Docket No. 150311.

Order Entered May 20, 1992


The Court orders that the petition to convene a special panel pursuant to Administrative Order No. 1990-6 is granted and the prior opinion in Docket No. 134343 is vacated.

Unpublished opinion per curiam of the Court of Appeals, decided February 27, 1992.

The question in conflict to be resolved is:

Whether the definition of gross indecency of MCL 750.338; MSA 28.570 is the "common sense of society" definition from People v Dexter, 6 Mich. App. 247; 148 N.W.2d 915 (1967), or the definition in People v Lino, 190 Mich. App. 715; 476 N.W.2d 654 (1991), adopted from People v Howell, 396 Mich. 16; 238 N.W.2d 148 (1976).

See, also, People v Emmerich, 175 Mich. App. 283; 437 N.W.2d 30 (1989), and People v Lynch, 179 Mich. App. 63; 445 N.W.2d 803 (1989).

The prosecution may, within 28 days of the date of the Clerk's certification of this order, submit a supplemental brief. Defendant may file a brief in opposition within 28 days after the prosecution serves its brief on defendant. Fourteen copies of the briefs must be filed.


Summaries of

People v. Brashier

Michigan Court of Appeals
May 20, 1992
487 N.W.2d 479 (Mich. Ct. App. 1992)
Case details for

People v. Brashier

Case Details

Full title:PEOPLE v BRASHIER

Court:Michigan Court of Appeals

Date published: May 20, 1992

Citations

487 N.W.2d 479 (Mich. Ct. App. 1992)
487 N.W.2d 479

Citing Cases

People v. Brashier

See, also, People v Emmerich, 175 Mich. App. 283; 437 N.W.2d 30 (1989), and People v Lynch, 179 Mich. App.…