Order Michigan Supreme Court
Lansing, Michigan
December 11, 2015 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
151612 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 151612
COA: 319727
Oakland CC: 2013-244985-FH
DETRICK DORAL LANCE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 24, 2015
judgment 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. The prosecutor shall specifically address: (1) when the statute of
limitations on the defendant’s offenses ran, and what event must have occurred to stop
the running of the statute, where MCL 767.24(7) provides that “[a]ll other indictments
may be found and filed within 6 years after the offense is committed[,]” giving
consideration to the fact that the trial docket indicates that a general information was filed
on March 1, 2013; (2) whether the defendant or the prosecutor bears the burden of proof
in establishing the applicable statute of limitations and any alleged tolling under MCL
767.24(8); and (3) whether the defendant was denied the effective assistance of counsel
when counsel did not move to dismiss the charges on the basis that the information was
not timely filed under MCL 767.24.
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.
December 11, 2015
s1208
Clerk