People v. Hernandez-Garcia, Docket No. 129038.
Decision Date | 13 January 2006 |
Docket Number | COA No. 252516.,Docket No. 129038. |
Citation | 708 N.W.2d 108,474 Mich. 1000 |
Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Angel HERNANDEZ-GARCIA, Defendant-Appellant. |
Court | Michigan Supreme Court |
On order of the Court, the application for leave to appeal the May 10, 2005, judgment of the Court of Appeals is considered, and it is GRANTED. The parties are directed to include among the issues briefed the possible relevance of the mens rea principle recognized in People v. Tombs, 472 Mich. 446, 454-459, 697 N.W.2d 494 (2005), to the claim that MCL 750.227(2) should be interpreted to include a momentary innocent possession defense.
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People v. Dupree
...with any relevant law on the issue. However, the prosecution noted that pending before the Supreme Court was People v. Hernandez-Garcia, 474 Mich. 1000, 708 N.W.2d 108 (2006), in which the Court was faced with a similar issue whether a "momentary innocent possession" defense existed to a ch......
- Bentfield v. Brandon's Landing Boat Bar, Docket No. 127515.