Order Michigan Supreme Court
Lansing, Michigan
June 6, 2012 Robert P. Young, Jr.,
Chief Justice
144696 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
Justices
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellant,
v SC: 144696
COA: 301906
Wayne CC: 10-006937-FC
RAYFIELD CLARY,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the February 16, 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 prosecutor’s impeachment of the
defendant’s testimony on the basis of the defendant’s failure to testify at his earlier trial
violated the defendant’s Fifth Amendment right against self-incrimination; and (2)
whether the prior consistent statements by the complainant were admissible under
MRE 801(d)(1)(B).
The Prosecuting Attorneys Association of Michigan and the Criminal Defense
Attorneys 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.
June 6, 2012 _________________________________________
p0530 Clerk