Order Michigan Supreme Court
Lansing, Michigan
April 30, 2010 Marilyn Kelly,
Chief Justice
139856 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-Appellee, Justices
v SC: 139856
COA: 284512
Monroe CC: 07-036291-FH
CHARLES V. FACKELMAN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 27, 2009
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether the content of the psychiatric
evaluation report of Dr. Shahid as referenced by expert witnesses at trial was testimonial
in nature, within the rule of Crawford v Washington, 541 US 36; 124 S Ct 1354; 158 L
Ed 2d 177 (2004); (2) whether the introduction of Dr. Shahid’s opinion regarding the
defendant’s mental state constituted impermissible hearsay; and (3) if the answer to either
question (1) or (2) is in the affirmative, whether either error was harmless.
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.
April 30, 2010 _________________________________________
y0427 Clerk