Whether the nonresident tolling provision of MCL 767.24(10) violates the Equal Protection Clause and Privileges and Immunities Clause of the Fourteenth Amendment

QUESTIONS PRESENTED FOR REVIEW 1. Based on a “class of one” analysis, does the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution bar application of the nonresident tolling provision of MCL 767.24(10) where, although a person did not usually and publicly reside within the State of Michigan during the limitations period, no crime was reported nor any investigation initiated until years after the statute of limitations would otherwise have run? 2. Does the nonresident tolling provision of MCL 767.24(10) violate the Privileges and Immunities Clause in Section 1 of the Fourteenth Amendment to the United States Constitution insofar as it creates a distinction between residents of Michigan and nonresidents? i LIST OF PRIOR PROCEEDINGS Alpena County District Court Case No. 15-0337 FY People of the State of Michigan v Joel Howard James 08/12/15 Opinion and Order Denying Motion to Dismiss Re: Statute of Limitations Alpena County Circuit Court Case No. 15-006730-FH People of the State of Michigan v Joel Howard James 09/08/15 Opinion and Order Affirming District Court’s Denial of Motion to Dismiss re: Statute of Limitations 01/18/18 Opinion and Order Dismissing Case/ on Basis that Tolling Provision of Statute of Limitations Violates Equal Protection Clause Michigan Court of Appeals, Case No. 342504 People of the State of Michigan, Plaintiff/Appellee, v Joel Howard James, 10/11/2018 Opinion Authored Published Dismissal Reversed and Remanded for Further Proceedings Michigan Supreme Court Case No. 158719 People of the State of Michigan, Plaintiff/Appellee, v Joel Howard James, 07/02/19 Order Denying Application for Leave to Appeal ii