Opinion
No. 141154.
November 30, 2010.
Reported below: 288 Mich App 648.
Leave to Appeal Granted.
The parties shall address whether the rule of People v Adams, 262 Mich App 89 (2004) — holding that inability to pay is not a defense to the crime of felony non-support under MCL 750.165 — is unconstitutional. See Port Huron v Jenkinson, 77 Mich 414 (1889).
We further order that this case be argued and submitted to the Court together with the cases of People v Parks (Docket No. 141181) and People v Harris (Docket No. 141513) at such future session of the Court as the cases are ready for submission. Each side will have 30 minutes for oral argument.
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys Association 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.
DAVIS, J., not participating. I recuse myself and am not participating because I was on the Court of Appeals panel in this case. See MCR 2.003(B).