HOBBINS v. ATTORNEY GENERAL

Docket Nos. 164963, 171056, 172399.

205 Mich. App. 194 (1994)

518 N.W.2d 487

HOBBINS v. ATTORNEY GENERAL PEOPLE v. KEVORKIAN NO 2

Michigan Court of Appeals.

Decided May 10, 1994, at 9:05 A.M.


Attorney(s) appearing for the Case

American Civil Liberties Union Fund of Michigan (by Robert A. Sedler), Paul J. Denenfeld, Elizabeth Gleicher, and Eugene Feingold, for the appellee in Docket No. 164963.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Deborah Anne Devine and Thomas C. Nelson, Assistant Attorneys General, for the appellant in Docket No. 164963.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief of Research, Training, and Appeals, for the appellant in Docket No. 171056.

Fieger, Fieger & Schwartz, P.C. (by Michael A. Schwartz and Geoffrey N. Fieger), for the appellee in Docket No. 171056.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Richard Thompson, Prosecuting Attorney, and Richard H. Browne, and Errol H. Shifman, Assistant Prosecuting Attorneys, for the appellant in Docket No. 172399.

Fieger, Fieger & Schwartz, P.C. (by Pamela A. Hamway, Geoffrey N. Fieger, and Michael A. Schwartz), for the appellee in Docket No. 172399.

Amici Curiae:

Bodman, Longley & Dahling (by Martha B. Goodloe), for the Michigan Catholic Conference in support of appellant Attorney General in Docket No. 164963.

Curcio & Martell (by Elizabeth A. Curcio), for Right to Life of Michigan, in support of appellant Attorney General in Docket No. 164963.

Wayne County Prosecutor's Office (by John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training, and Appeals), in support of appellant Attorney General in Docket No. 164963.

Joseph P. Zanglin, for certain Michigan state senators and representatives in support of appellant Attorney General, in Docket No. 164963.

Richard Thompson, Prosecuting Attorney, and Errol H. Shifman, Assistant Prosecuting Attorney, in support of appellant Wayne County Prosecuting Attorney, in Docket No. 171056.

Before: FITZGERALD, P.J., and TAYLOR and D.E. SHELTON, JJ.


FITZGERALD, P.J.

In these consolidated appeals, we are asked to determine the constitutionality of 1992 PA 270, as amended by 1993 PA 3,1 MCL 752.1021 et seq.; MSA 28.547(121) et seq. Specifically, in Docket No. 164963, the Attorney General appeals as of right the May 24, 1993, order of Wayne Circuit Judge Cynthia D. Stephens, which declared unconstitutional the criminal provision of the act for violating Const 1963, art...

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