Preview:

Michigan Supreme Court Lansing, Michigan

Opinion
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v DAVID WILLIAM SCHAEFER, Defendant-Appellee. ________________________________ PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v JAMES RICHARD LARGE, Defendant-Appellee. _______________________________ BEFORE THE ENTIRE BENCH YOUNG, J.

Chief Justice:

Justices:

Clifford W. Taylor

Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman

JULY 27, 2005

No. 126067

No. 127142

We granted leave to appeal in these cases and ordered that they be argued and submitted together to clarify the elements influence death"), of of MCL operating liquor a and motor vehicle death while under the

causing In

("OUIL this

causing we

257.625(4).

addressing

issue,

revisit our decision in People v Lardie,1 which held, inter alia, that to convict a defendant of OUIL causing death, the prosecution must prove "that the defendant's

intoxicated driving was a substantial cause of the victim's death."2 We conclude that the Lardie Court erred in holding that the defendant's "intoxicated driving"3 must be a

substantial cause of the victim's death.

The plain text of

Download PEOPLE OF MI V DAVID WILLIAM SCHAEFER.pdf

Michigan Law