Order Michigan Supreme Court
Lansing, Michigan
June 20, 2012 Robert P. Young, Jr.,
Chief Justice
144983 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: 144983
COA: 301645
Jackson CC: 10-005879-FH
SAMUEL LEE ELLIOTT,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the March 8, 2012
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address whether, and, in light of Howes v Fields, 565 US ___; 132 S Ct 1181; 182 L Ed
2d 17 (2012), under what custodial circumstances, a parole officer not acting in concert
with police is required to provide the warnings prescribed by Miranda v Arizona, 384 US
436; 86 S Ct 1602; 16 L Ed 2d 694 (1966), before questioning an in-custody parolee who,
during police questioning, has previously invoked his right to counsel under Edwards v
Arizona, 451 US 477; 101 S Ct 1880; 68 L Ed 2d 378 (1981), about an offense giving rise
to an alleged parole violation, if the parole officer’s testimony concerning the parolee’s
responses to such questioning is to be admissible at the trial for that offense.
The Prosecuting Attorneys Association of Michigan, the Criminal Defense
Attorneys of Michigan, and the Criminal Law Section of the State Bar of Michigan are
invited to file briefs amicus curiae. Other persons or groups interested in the
determination of the issue in this case may move the Court for leave 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.
June 20, 2012 _________________________________________
p0613 Clerk