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PEOPLE v. LINO

Docket Nos. 92352, 95687, (Calendar Nos. 4-5).

447 Mich. 567 (1994)

527 N.W.2d 434

PEOPLE v. LINO PEOPLE v. BRASHIER

Supreme Court of Michigan.

Decided December 28, 1994.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Donald E. Martin, Prosecuting Attorney, and Susan L. LeDuc, Deputy Chief Assistant Prosecuting Attorney, for the people in Lino.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Richard Thompson, Prosecuting Attorney, and Robert C. Williams, Assistant Prosecuting Attorney, for the people in Brashier.

James D. Lovewell for Lino.

Theodore H. Friedman for Brashier.

Amici Curiae:

Mark Brewer (Paul Denenfeld, of counsel), for Criminal Defense Attorneys of Michigan and ACLU Fund of Michigan.

Thomas F. Coleman and Rudolph A. Serra for Spectrum Institute, Triangle Foundation, and American Association for Personal Privacy.

MEMORANDUM OPINION.

I

These consolidated cases require us to decide the following questions: (1) whether MCL 750.338; MSA 28.570, is unconstitutionally vague, (2) whether the common-sense-of-the-community definition of gross indecency should be overruled, (3) whether oral sexual conduct committed in a public place constitutes gross indecency, and (4) whether the specific sexual conduct alleged in People v Brashier constitutes gross indecency because...

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