People of Michigan v. Joseph Alexander Franklin

Order Michigan Supreme Court Lansing, Michigan March 23, 2011 Robert P. Young, Jr., Chief Justice 142323 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra, Plaintiff-Appellant, Justices v SC: 142323 COA: 292469 Wayne CC: 08-014196-FH JOSEPH ALEXANDER FRANKLIN, Defendant-Appellee. _________________________________________/ On order of the Court, the application for leave to appeal the November 16, 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 trial court was required to give the defendant the opportunity to affirm his guilty plea to second-degree home invasion when the court indicated that it was unable to impose the sentence stated by the court at the plea hearing; (2) whether the question of the defendant’s right to affirm his guilty plea should be evaluated under MCR 6.310(B)(2)(a) or MCR 6.310(B)(2)(b); (3) whether this Court’s decision in People v Grove, 455 Mich 439 (1997), has been superseded by the language of MCR 6.310(B); and (4) whether, even if the defendant had the right to affirm his guilty plea, he waived that right by failing to object when the trial court vacated his plea and scheduled a trial. 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 23, 2011 _________________________________________ 0316 Clerk