Order Michigan Supreme Court
Lansing, Michigan
November 24, 2010 Marilyn Kelly,
Chief Justice
141695 & (55) 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
Cross-Appellee,
v SC: 141695
COA: 288855
Lenawee CC: 08-013500-FH
EDWARD MICHAEL KOWALSKI,
Defendant-Appellee/
Cross-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the April 27, 2010
judgment of the Court of Appeals and the application for leave to appeal as cross-
appellant are considered, and they are GRANTED. The parties shall include among the
issues to be briefed: (1) whether the Court of Appeals erred when it determined (a) that
the trial court’s jury instructions failed to apprise the jurors of the actus reus of the crime
of accosting, enticing, or soliciting a child for immoral purposes, MCL 750.145a, and (b)
that the error was not harmless beyond a reasonable doubt; (2) whether the defendant
waived the instructional error, and if so, whether his attorney provided ineffective
assistance of counsel; and (3) whether, when viewed in a light most favorable to the
prosecution, the evidence presented at trial was sufficient to enable a rational jury to find
that the actus reus of the charged offense was proven beyond a reasonable doubt.
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.
November 24, 2010 _________________________________________
p1117 Clerk