MSC: Child Support on Trail

> The Michigan Supreme Court yesterday granted leave to appeal the
> conviction of felony non-support and the defense of inability to pay.
> Previously case law held that the inability to pay was not a defense.
> Also, it is interesting to note that Justice Young was the lone
> dissenting opinion.
> Here is the Court's order:
>
> *Order*
>
> November 30, 2010
>
> 141513
>
> PEOPLE OF THE STATE OF MICHIGAN,
>
> Plaintiff-Appellee,
>
> v SC: 141513
>
> COA: 297182
>
> Muskegon CC: 08-056761-FH
>
> SCOTT BENNETT HARRIS,
>
> Defendant-Appellant.
>
> _________________________________________/
>
> On order of the Court, the application for leave to appeal the June 4, 2010
> order of
>
> the Court of Appeals is considered, and it is GRANTED. The parties shall
> address:
>
> (1) 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 an incorrect reading of the statute or unconstitutional, see *Port
> Huron v Jenkinson*,
>
> 77 Mich 414 (1889); (2) whether the trial court abused its discretion when
> it denied the
>
> defendant’s post-sentencing motion to withdraw his plea; and (3) whether
> the trial court
>
> erred when it adopted the child support arrearage amount that had been
> determined by
>
> family court as the restitution to be imposed in this criminal case, or
> whether the
>
> defendant waived that issue.
>
> We further ORDER that this case be argued and submitted to the Court
> together
>
> with the cases of *People v Likine *(Docket No. 141154) and *People v
> Parks *(Docket No.
>
> 141181) 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.
>
> YOUNG, J. (*dissenting*).
>
>
>> Brian Downs
> 616.874.8662
--
"If it's Peace that you want, you're gonna find it on a hill, but the
silence you keep is the silence that kills"