Order Michigan Supreme Court
Lansing, Michigan
October 24, 2012 Robert P. Young, Jr.,
Chief Justice
145646 & (65) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellant, Justices
v SC: 145646
COA: 301546
Lenawee CC: 09-014365-FC
JEFFERY ALAN DOUGLAS,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the April 12, 2012
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether the Court of Appeals erred in
concluding that the defendant was prejudiced by his attorney’s failure to inform him of a
mandatory minimum sentence if convicted of the charged offense where the trial court
determined that the defendant refused plea offers because he claimed to be innocent; (2)
whether the remedy for ineffective assistance of counsel may include re-offering a plea
bargain to a lesser charge after the defendant has testified at a trial that he did not commit
an offense; (3) under MRE 803A(3), what circumstances other than “fear” may excuse
the failure of a child to report sexual abuse immediately; (4) whether a second
corroborative statement concerning sexual abuse is admissible under MRE 803A where
the statement includes a different allegation of sexual abuse than was provided in the
declarant’s first statement; and (5) whether a witness’s testimony that a child’s statement
was “substantiated” constitutes improper vouching. The motion for bond is DENIED.
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association 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, Corbin R. Davis, 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.
October 24, 2012 _________________________________________
p1017 Clerk