PEOPLE v. LIKINE

Docket Nos. 141154, 141181, 141513. Calendar Nos. 2, 3, 4.

823 N.W.2d 50 (2012)

492 Mich. 367

PEOPLE v. LIKINE. People v. Parks. People v. Harris.

Supreme Court of Michigan.

Decided July 31, 2012.


Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Richard A. Bandstra , Chief Legal Counsel, and Joel D. McGormley , Assistant Attorney General, for the people in Likine and Parks.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Tony Tague , Prosecuting Attorney, and Charles F. Justian , Chief Appellate Attorney, for the people in Harris.

Bridget McCormack , David A. Moran , Michael J. Steinberg , Kary L. Moss , and Williams & Connelly, LLP (by Frances Y. Kim), for Selesa Likine.

State Appellate Defender (by Douglas W. Baker ) for Michael Parks.

State Appellate Defender (by Jacqueline J. McCann ) for Scott Harris.

Ronald Schafer , Kym L. Worthy , and Timothy A. Baughman for the Prosecuting Attorneys Association of Michigan.

Eve Brensike Primus for various criminal law professors at Michigan law schools in Likine.

Vivek S. Sankaran for Legal Services Association of Michigan in Likine.


MARY BETH KELLY, J.

These three cases involve the felony of failure to pay court-ordered child support (felony nonsupport) under MCL 750.165 and the rule of People v. Adams,1 which held that inability to pay is not a defense to this crime. We granted leave to consider the constitutionality of the Court of Appeals' ruling in Adams and now clarify that, while inability to pay is not a defense to felony nonsupport pursuant to...

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