Order Michigan Supreme Court
Lansing, Michigan
March 25, 2011 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
141932 & (62)(65) Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Justices
Plaintiff-Appellee,
v SC: 141932
COA: 294054
Livingston CC: 08-017643-FC
JEROME WALTER KOWALSKI,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the August 26, 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 the defendant’s proffered expert testimony regarding the existence
of false confessions, and the interrogation techniques and psychological factors that tend
to generate false confessions, is admissible under MRE 702; (2) whether the probative
value of the proffered expert testimony is substantially outweighed by the danger of
unfair prejudice; and (3) whether the Livingston Circuit Court’s order excluding the
defendant’s proffered expert testimony denies the defendant his constitutional right to
present a defense.
The motion for leave to file brief amicus curiae is GRANTED. 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 25, 2011 _________________________________________
y0322 Clerk