Order Michigan Supreme Court
Lansing, Michigan
February 3, 2011 Robert P. Young, Jr.,
Chief Justice
141739(93) 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: 141739
COA: 278411
Kent CC: 06-006768-FC
SAMMIE RAY BAILEY, JR.,
Defendant-Appellee.
_________________________________________/
On order of the Court, the motion for reconsideration or clarification of this
Court’s November 24, 2010 order is considered, and it is GRANTED. On
reconsideration, the November 24, 2010 order is amended to read as follows:
On order of the Court, the application for leave to appeal the July 20, 2010
judgment of the Court of Appeals is considered, and it is GRANTED. The
parties shall address: (1) whether the court erroneously instructed the jury as to
the effect of provocation on a claim of self-defense, and (2) whether the
reasonable doubt standard is sufficiently expressed when the court instructs the
jury that, if there was a realistic or reasonable possibility that the defendant acted
in self-defense, he is not guilty.
The Prosecuting Attorneys Association of Michigan and the Criminal
Defense Attorneys 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.
February 3, 2011 _________________________________________
d0201 Clerk