Order Michigan Supreme Court
Lansing, Michigan
March 22, 2017 Stephen J. Markman,
Chief Justice
Robert P. Young, Jr.
Brian K. Zahra
152567 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 152567
COA: 317527
Oakland CC: 2012-241894-FH
DANIEL HORACEK,
Defendant-Appellant.
_________________________________________/
By order of May 6, 2016, the prosecuting attorney was directed to answer the
application for leave to appeal the September 15, 2015 judgment of the Court of Appeals.
On order of the Court, the answer having been received, the application for leave to
appeal is again considered. We direct the Clerk to schedule oral argument on whether to
grant the application or take other action. MCR 7.305(H)(1). At oral argument, the
parties shall address: (1) whether exigent circumstances authorized the officers’
warrantless entry into the defendant’s motel room, In re Forfeiture of $176,598, 443
Mich 261, 271 (1993) (“The police must further establish the existence of an actual
emergency on the basis of specific and objective facts indicating that immediate action is
necessary to (1) prevent the imminent destruction of evidence, (2) protect the police
officers or others, or (3) prevent the escape of a suspect.”) (citation omitted); see also
People v Oliver, 417 Mich 366, 384 (1983); and (2) if a constitutional violation did occur,
whether the defendant is entitled to withdraw his plea, compare MCR 6.301(C)(2) with
People v Reid, 420 Mich 326, 337 (1984). The parties may file supplemental briefs
within 42 days of the date of this order, but they 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.
March 22, 2017
s0315
Clerk