Order Michigan Supreme Court
Lansing, Michigan
March 28, 2014 Robert P. Young, Jr.,
Chief Justice
147981 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano,
Plaintiff-Appellee, Justices
v SC: 147981
COA: 317527
Oakland CC: 2012-241894-FH
DANIEL HORACEK,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the September 12, 2013
order of the Court of Appeals is considered. We DIRECT the Oakland County
Prosecuting Attorney to answer the application for leave to appeal within 28 days after
the date of this order. In particular, the prosecutor shall address whether, assuming for
the sake of argument that a Fourth Amendment violation occurred when the police
officers entered the defendant’s motel room and that his motion to suppress should have
been granted, the defendant is entitled to withdraw his conditional plea. See
MCR 6.301(C)(2); People v Reid, 420 Mich 326 (1984). We note that at the motion/plea
hearing, the prosecutor argued that, even if there was a Fourth Amendment violation, the
error was harmless beyond a reasonable doubt because there was sufficient untainted
evidence to go forward with the prosecution of the defendant. The prosecution shall
address whether its consent to the conditional plea, despite its acknowledgement that any
error would be harmless, would entitle the defendant to withdraw his plea.
The application for leave to appeal remains pending.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
March 28, 2014
p0324
Clerk