Order Michigan Supreme Court
Lansing, Michigan
May 7, 2009 Marilyn Kelly,
Chief Justice
137251 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: 137251
COA: 274945
Macomb CC: 2006-002756-FC
JASON MICHAEL GURSKY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the July 17, 2008
judgment of the Court of Appeals is considered, and it is GRANTED, limited to the
issues: (1) whether the statements made by the complainant to Stacy Morgan on or about
May 4, 2006 were “shown to have been spontaneous and without indication of
manufacture” within the meaning of MRE 803A(2), and (2) whether it was more
probable than not that any error in this regard was outcome determinative. See People v
Lukity, 460 Mich 484, 495-496 (1999).
We further ORDER the Macomb Circuit Court, in accordance with Administrative
Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint
counsel to represent the defendant in this Court.
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association 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.
May 7, 2009 _________________________________________
s0430 Clerk