Order Michigan Supreme Court
Lansing, Michigan
September 29, 2010 Marilyn Kelly,
Chief Justice
140465 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-Appellee, Justices
v SC: 140465
COA: 293694
Kalkaska CC: 00-002060-FH
MICHAEL TIRONI,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 28, 2009
order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we DIRECT the Kalkaska Circuit Court to submit to the Clerk
of this Court within 28 days of the date of this order a written explanation of the
circumstances surrounding the written communication(s) between the trial judge and the
prosecutor that allegedly were not served on defendant and/or defense counsel, including
the trial judge’s May 2008 memorandum to the prosecutor inquiring regarding the
applicability of People v Nyx, 479 Mich 112 (2007), and the prosecutor’s memorandum
responding to the court’s request. The trial judge’s written submission to this Court shall
explain whether these documents were served on defendant or defense counsel, and if
not, the reason for this failure of service. See Code of Judicial Conduct, Canon 3(A)(4)
and Michigan Rules of Professional Conduct, Rule 3.5 (prohibiting ex parte
communications).
We further DIRECT the prosecutor to file with the Clerk of this Court within 28
days of the date of this order a written explanation regarding whether the documents in
question were served on defendant or defense counsel and the reason for any failure of
service. Defendant may file a response to the prosecutor’s written explanation within 28
days after the prosecutor’s response is filed and served.
We retain jurisdiction.
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.
September 29, 2010 _________________________________________
s0922 Clerk