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157116 - People v Shae Lynn Mullins

The People of the State of Michigan,


Mark Sanford





(Appeal from Ct of Appeals)



(Berrien – Howard, D.)


Shae Lynn Mullins,


John Fraser





Defendant convinced her young daughter to lie to her teacher about being sexually abused by her father. Her daughter complied and the teacher reported the matter to the school principal, who in turn reported the matter to Child Protective Services. A jury convicted defendant of making a false report of felony child abuse, MCL 722.633(5), and contributing to the delinquency of a minor, MCL 750.145. On appeal, defendant argued that she is not criminally liable under MCL 722.633(5) because she did not make the false report herself. The Court of Appeals affirmed defendant’s convictions in a published opinion. The Supreme Court has directed oral argument on defendant’s application for leave to appeal to address: (1) whether MCL 722.633(5), which criminalizes making a false report of felony child abuse, applies to non-mandatory reporters; (2) whether the phrase “intentionally makes a false report of child abuse or neglect” is broad enough to encompass a circumstance in which a child is intentionally enlisted for the purpose of falsely accusing another of abuse or neglect, see MCL 750.411a; United States v Giles, 300 US 41, 48-49; 57 S Ct 340; 81 L Ed 493 (1937); and (3) whether MCL 722.633(5) must be read in light of the common-law doctrine of the innocent agent.  See Const 1963, art 3, § 7. ​