Order Michigan Supreme Court
Lansing, Michigan
November 3, 2010 Marilyn Kelly,
Chief Justice
141381 Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway
Plaintiff-Appellee, Alton Thomas Davis,
Justices
v SC: 141381
COA: 290833
Wayne CC: 08-013567-FH
LAMAR EVANS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 13, 2010
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address whether retrial is barred under the double jeopardy clauses of the state and
federal constitutions where the trial court’s grant of defendant’s motion for a directed
verdict was based on an error of law and did not determine any actual element of the
charged offense.
The Criminal Defense Attorneys of Michigan, Prosecuting Attorneys Association
of Michigan, and National Association of Criminal Defense Lawyers are invited to file
briefs amicus curiae. Other persons or groups interested in the determination of the issue
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 3, 2010 _________________________________________
d1027 Clerk
People of Michigan v. Lamar Evans
Combined Opinion