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PEOPLE v. ADAMS

Docket No. 251213.

683 N.W.2d 729 (2004)

262 Mich.App. 89

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Richard Carl ADAMS, Defendant-Appellee.

Court of Appeals of Michigan.

Decided May 18, 2004, at 9:15 a.m.

Released for publication July 21, 2004.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Mark Matus, Assistant Attorney General, for the people.

David D. Hoffman, P.C. (by David D. Hoffman) and Smith Bovill, P.C. (by Andrew D. Concannon), Saginaw, for the defendant.

Before: JANSEN, P.J., and MARKEY and GAGE, JJ.

GAGE, J.

The prosecution appeals by leave granted the order denying its motion in limine to exclude evidence of defendant's inability to pay in this prosecution for felony nonsupport. We reverse.

This case requires us to analyze the language of MCL 750.165 to determine whether felony nonsupport is a strict-liability offense. MCL 750.165 was significantly amended in 1999 and neither this Court nor the Supreme Court has addressed the application of the statute...

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