Order Michigan Supreme Court
Lansing, Michigan
May 25, 2011 Robert P. Young, Jr.,
Chief Justice
142698 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
PEOPLE OF THE STATE OF MICHIGAN, Mary Beth Kelly
Plaintiff-Appellant, Brian K. Zahra,
Justices
v SC: 142698
COA: 278732
Kent CC: 05-010021-FC
JAMES HENRY BUIE,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the January 11, 2011
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether defense counsel’s agreement to allow
two witnesses to testify at trial via two-way interactive video technology waived any of
the defendant’s rights under the Confrontation Clause, US Const, Am VI; Const 1963, art
1, § 20; (2) whether there was good cause for the use of two-way interactive video
technology pursuant to MCR 6.006(C); (3) whether the parties consented to the use of
two-way interactive video technology at trial pursuant to MCR 6.006(C)(2); and (4) if
there was a violation of the Confrontation Clause or MCR 6.006(C), whether there was
plain error affecting the defendant’s substantial rights, People v Carines, 460 Mich 750,
763 (1999).
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.
May 25, 2011 _________________________________________
h0518 Clerk