People v. Jones

The majority holds that jury instructions on lesser included offenses “concern a matter of substantive law,” and, therefore, the Legislature’s decision to bar instruction on the lesser included offense of moving violation causing death, MCL 257.601d(l), within MCL 257.626(5), is a permissible exercise of legislative power and does not offend the separation-of-powers doctrine. I continue to disagree with the majority’s test regarding the difference between substantive and procedural law, and I disagree that lesser-included-offense instructions are a matter of substantive law. See McDougall v…