People of Michigan v. Joseph Lashawn Vaughn

Order Michigan Supreme Court Lansing, Michigan October 19, 2011 Robert P. Young, Jr., Chief Justice 142627 & (79) Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra, Plaintiff-Appellee, Justices v SC: 142627 COA: 292385 JOSEPH LASHAWN VAUGHN, Wayne CC: 02-011197-FC Defendant-Appellant. _________________________________________/ On order of the Court, the motion for miscellaneous relief is GRANTED. The application for leave to appeal the December 28, 2010 judgment of the Court of Appeals is considered, and it is GRANTED, limited to the issues: (1) whether the defendant was denied his right to a public trial pursuant to US Const, Am VI, and Const 1963, art 1, § 20, where the Wayne Circuit Court excluded persons other than jurors from the courtroom during the jury voir dire, see Presley v Georgia, 558 US ___; 130 S Ct 721; 175 L Ed 2d 675 (2010); (2) whether the defendant, by failing to object, forfeited or waived any error resulting from the exclusion of the public from the courtroom during the jury voir dire, and, if so, whether trial counsel rendered ineffective assistance in failing to object; (3) whether, if some structural errors can be forfeited, the denial of the right to a public trial is among those forfeitable errors; and (4) whether the defendant is entitled to a new trial as a consequence of the trial court’s exclusion of the public during the jury voir dire. 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 19, 2011 _________________________________________ h1012 Clerk