Order Michigan Supreme Court
Lansing, Michigan
November 6, 2013 Robert P. Young, Jr.,
Chief Justice
144414 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano,
Justices
Plaintiff-Appellee,
v SC: 144414
COA: 279161
Kent CC: 06-003485-FC
DENNIS LEE TOMASIK,
Defendant-Appellant.
_________________________________________/
By order of April 3, 2013, the application for leave to appeal the November 29,
2011 judgment of the Court of Appeals was held in abeyance pending the decision in
People v Musser (Docket No. 145237). On order of the Court, the case having been
decided on July 12, 2013, 494 Mich 337 (2013), the application is again considered and,
pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE in part
the judgment of the Court of Appeals. We REMAND this case to the Court of Appeals
for reconsideration, in light of People v Musser, 494 Mich 337 (2013), People v
Kowalski, 492 Mich 106 (2012), and People v Grissom, 491 Mich 296 (2012), of the
following issues: (1) whether the Kent Circuit Court erred by admitting the entire
recording of the defendant’s interrogation; (2) whether the circuit court erred in admitting
Thomas Cottrell’s expert testimony regarding Child Sexually Abusive Accommodation
Syndrome under current MRE 702, and, if so, whether the error was harmless; (3)
whether the circuit court erred in denying the defendant’s motion for a new trial based on
the newly disclosed impeachment evidence of the March 26, 2003 report authored by
Timothy Zwart and the March 1, 2003 form completed by Denise Joseph-Enders; and (4)
whether the defendant’s trial counsel was ineffective by failing to object to the admission
of the defendant’s entire interrogation, by failing to object to Thomas Cottrell’s
testimony, and by failing to procure the expert testimony of Jeffrey Kieliszewski to
challenge the testimony of Thomas Cottrell. In all other respects, leave to appeal is
DENIED, because we are not persuaded that the remaining questions presented should be
reviewed by this Court.
We do not retain jurisdiction.
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.
November 6, 2013
s1030
Clerk