Order Michigan Supreme Court
Lansing, Michigan
March 30, 2011 Robert P. Young, Jr.,
Chief Justice
142031 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
PEOPLE OF THE STATE OF MICHIGAN, Mary Beth Kelly
Plaintiff-Appellee, Brian K. Zahra,
Justices
v SC: 142031
COA: 291841
Wayne CC: 06-008116-FC
LINCOLN ANDERSON WATKINS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 5, 2010
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether MCL 768.27a conflicts with MRE
404(b) and, if it does, (2) whether the statute prevails over the court rule, see McDougall
v Schanz, 461 Mich 15 (1999), and Const 1963, art 6, § 1 and § 5; (3) whether the
omission of any reference to MRE 403 in MCL 768.27a (as compared to MCL
768.27b(1)), while mandating that evidence of other offenses “is admissible for any
purpose for which it is relevant,” would violate a defendant’s due process right to a fair
trial; and (4) whether MCL 768.27a interferes with the judicial power to ensure that a
criminal defendant receives a fair trial, a power exclusively vested in the courts of this
state under Const 1963, art 6, § 1.
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.
March 30, 2011 _________________________________________
p0323 Clerk