Categories: Michigan Supreme Court Opinions

PEOPLE v. SILVER, 463 Mich. 959 (2001)

623 N.W.2d 244

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. SHAWN JOSEPH SILVER, Defendant-Appellant.

No. 117024.Supreme Court of Michigan.
January 30, 2001.

COA: 212508, St. Clair CC: 98-946-FH.

On order of the Court, the application for leave to appeal from the May 23, 2000 decision of the Court of Appeals is considered, and it is GRANTED.

The issues are limited whether (1) the trial court erred in refusing to give the requested misdemeanor lesser included offense instruction, and (2) if so, whether the error was harmless. In addressing the harmless error issue, the parties shall discuss the applicability of People v Richardson, 409 Mich. 126 (1980), People v Beach, 429 Mich. 450 (1988) People v Mosko, 441 Mich. 496 (1992), People v Lukity, 460 Mich. 484
(1999), People v Snyder, 462 Mich. 38 (2000), and People v Elston, 462 Mich. 751 (2000).

We further ORDER that this case be argued and submitted to the Court together with the case of People v Cornell (Docket No. 115833), at such future session of the Court as both cases are ready for submission.

jdjungle