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PEOPLE v. SCHAEFER

Docket Nos. 126067, 127142. COA Nos. 1 and 2.

703 N.W.2d 774 (2005)

473 Mich. 418

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.

Supreme Court of Michigan.

Decided July 27, 2005.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Kym L. Worthy, Prosecuting Attorney, and Timothy A. Baughman, Chief of Research, Training, and Appeals, Detroit, MI, for the people in Schaefer.

Henry C. Zavislak, Prosecuting Attorney, and Jerrold Schrotenboer, Chief Appellate Attorney, Jackson, MI, for the people in Large.

Richard Glanda, Detroit, MI, for David William Schaefer.

John P. Kobrin (Robert K. Gaecke, Jr., of counsel), Jackson, MI, for James Richard Large.

YOUNG, J.

We granted leave to appeal in these cases and ordered that they be argued and submitted together to clarify the elements of operating a motor vehicle while under the influence of liquor and causing death ("OUIL causing death"), MCL 257.625(4). In addressing this issue, we 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...

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