Order Michigan Supreme Court
Lansing, Michigan
June 3, 2015 Robert P. Young, Jr.,
Chief Justice
149917 Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein,
Plaintiff-Appellee, Justices
v SC: 149917
COA: 314315
Wayne CC: 11-012794-FC
JOHN OLIVER WOOTEN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 26, 2014
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.302(H)(1).
The parties shall file supplemental briefs within 42 days of the date of this order
addressing: (1) whether the prosecution is permitted, during its case-in-chief, to elicit
testimony from a police witness regarding the defendant’s pre-arrest silence or failure to
come forward to explain a claim of self-defense, see, e.g., Combs v Coyle, 205 F3d 269
(CA 6, 2000); Hall v Vasbinder, 563 F3d 222 (CA 6, 2009); (2) whether such evidence is
admissible as substantive evidence of the defendant’s guilt, or as impeachment of the
defendant’s anticipated defense theory; and (3) if such evidence is inadmissible, whether
the trial court clearly erred in finding that the trial prosecutor did not intentionally goad
the defense into moving for a mistrial, and whether the trial court erred in granting a
mistrial, but allowing the defendant to be retried. The parties should not submit mere
restatements of their application papers.
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.
June 3, 2015
p0527
Clerk