Order Michigan Supreme Court
Lansing, Michigan
December 17, 2010 Marilyn Kelly,
Chief Justice
141672 Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway
PEOPLE OF THE STATE OF MICHIGAN, Alton Thomas Davis,
Plaintiff-Appellant, Justices
v SC: 141672
COA: 292602
Wayne CC: 08-003062-FH
ROBERT WILLIAM DUNCAN,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the July 6, 2010
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other peremptory action. MCR
7.302(H)(1). At oral argument, the parties shall address whether the trial court abused its
discretion in granting the defendant a new trial, for the reasons stated in the Court of
Appeals dissenting opinion.
We ORDER the Wayne Circuit Court, in accordance with Administrative Order
2003-03, to determine whether the defendant is indigent and, if so, to appoint attorney
Mark M. Haidar, if feasible, to represent the defendant in this Court. If the defendant is
not indigent, he must retain his own counsel.
Within 42 days of determining who will represent the defendant in this Court,
defense counsel shall file a brief addressing the issue described above.
CAVANAGH, J., would deny leave to appeal.
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.
December 17, 2010 _________________________________________
p1214 Clerk