Order Michigan Supreme Court
Lansing, Michigan
September 20, 2013 Robert P. Young, Jr.,
Chief Justice
146521 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: 146521
COA: 300959
Kent CC: 09-011041-FC
JASON LEE SHAVER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the December 4, 2012
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address: (1) whether evidence of a child’s prior sexual abuse is barred by the rape-shield
statute, MCL 750.520j; (2) if so, whether evidence of prior sexual abuse was nevertheless
admissible in this instance to preserve the defendant’s right of confrontation and to
present a defense (see People v Hackett, 421 Mich 338 (1984)); and (3) whether any error
in excluding evidence of prior sexual abuse in this case was harmless.
The Criminal Law Section of the State Bar of Michigan, the Prosecuting Attorneys
Association of Michigan, and the Criminal Defense Attorneys of Michigan are invited to
file briefs amicus curiae. Other persons or groups interested in the determination of the
issues presented in this case may move the Court for permission to file briefs amicus
curiae.
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.
September 20, 2013
p0917
Clerk