Legal Opinion

People v. Lardie

Michigan Court of Appeals

Decided November 22, 1994No. Docket 171293PublishedCited by 11 opinions

1Per curiam

Defendant was charged with three counts of operating a motor vehicle while under the influence of liquor (ouil) and thereby causing death, MCL 257.625(4); MSA 9.2325(4). In a written opinion and order the circuit court dismissed the complaint against defendant. The court concluded that the "ouil causing death” statute is unconstitutional because it fails to allow the jury to evaluate a defendant’s mental intent or moral culpability. The prosecutor appeals the ruling as of right. Four additional parties join this appeal as amici curiae. We reverse.

Statutes are presumed to be constitutional,…

2Cases cited8 opinions

  1. People v. TownsendMichigan Supreme Court · 1921
  2. People v. LangworthyMichigan Supreme Court · 1982
  3. People v. CashMichigan Supreme Court · 1984
  4. People v. QuinnMichigan Supreme Court · 1992
  5. People v. SnowbergerMichigan Supreme Court · 1897

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. People v. LardieMichigan Supreme Court · 1996
  2. People v. WhiteMichigan Court of Appeals · 1995
  3. People v. PriceMichigan Court of Appeals · 1995
  4. People v. KulpinskiMichigan Court of Appeals · 2000
  5. People v. BakerMichigan Court of Appeals · 1996

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API