Order Michigan Supreme Court
Lansing, Michigan
June 25, 2010 Marilyn Kelly,
Chief Justice
140422 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway,
Plaintiff-Appellant, Justices
v SC: 140422
COA: 281197
Wayne CC: 07-009190-01
DEDRICK LAVONZ MCCAULEY,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the January 19, 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 a defendant can raise a
challenge to the effective assistance of his attorney during the plea bargaining process
where the defendant rejected the plea offer and subsequently received a fair trial, and, if
so, what remedies should be available to the defendant. The parties may file
supplemental briefs within 56 days of the date of this order, but they should not submit
mere restatements of their application papers.
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 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.
June 25, 2010 _________________________________________
0622 Clerk