Opinion
No. 117891 (38).
July 20, 2001.
COA: 214414, Kent CC: 97-010829-FC
On order of the Court, the application for leave to appeal and the cross-application for leave to appeal from the September 22, 2000 decision of the Court of Appeals are considered, and they are GRANTED on the issue of the standard to be used by the trial court in determining whether necessarily lesser included offense instructions must be given when requested. The parties shall specifically address whether MCL 768.32 prevents this Court from adopting the federal model for necessarily lesser included offense instructions and, if it does, whether such prohibition violates Const 1963, art 6, § 5. In all other respects, leave to appeal is DENIED.
Persons or groups interested in the determination of the question may move the Court for permission to file briefs amicus curiae.