On Friday, May 29, 2009, the Michigan Supreme Court granted leave in the four cases below, ordered oral argument on the application for leave in one case, and denied leave to appeal in three cases. The Court also peremptorily reversed the Court of Appeals and reinstated the circuit court’s decisions in two cases, and remanded one case to the Court of Appeals as on leave granted to address a sentencing issues.
People v. Flick, No. 138258 and People v. Lazarus, No. 138261: The Court granted leave to appeal to determine whether intentionally viewing child pornography on the Internet is knowing possession of child sexual abuse material under MCL § 750.145c(4); and whether the presence of temporary Internet files on the defendant’s computer hard drive is knowing possession of child pornography or evidence of knowing possession of child pornography in the past. The Court invited amicus briefs from the Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan. The Court also held People v. Reiss, No. 137321, in abeyance pending the resolution of Flick and Lazarus. Read more »