Order Michigan Supreme Court
Lansing, Michigan
November 24, 2010 Marilyn Kelly,
Chief Justice
141739 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: 141739
COA: 278411
Kent CC: 06-006768-FC
SAMMIE RAY BAILEY, JR.,
Defendant-Appellee.
_________________________________________/
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 it is proper to instruct the jury that, if the prosecutor proves beyond
a reasonable doubt that the defendant confronted the person that he killed, intending by
his presence to provoke that person to use deadly force, then he forfeits his 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.
November 24, 2010 _________________________________________
p1117 Clerk