Order Michigan Supreme Court
Lansing, Michigan
June 25, 2010 Marilyn Kelly,
Chief Justice
140153 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: 140153
COA: 294319
Genesee CC: 08-022920-FC
ANTHONY JAMES BREIDENBACH,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the November 9, 2009
order 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: (1) whether the rule of People v
Helzer, 404 Mich 410 (1978), should be reconsidered; (2) whether the defendant waived
or forfeited his right to a second jury’s determination of his status as a sexual delinquent;
and (3) whether any error was harmless or harmless beyond a reasonable doubt. 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 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.
June 25, 2010 _________________________________________
p0622 Clerk