Order Michigan Supreme Court
Lansing, Michigan
October 3, 2008 Clifford W. Taylor,
Chief Justice
136591 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellant, Stephen J. Markman,
Justices
v SC: 136591
COA: 276439
Wayne CC: 04-000969
JEREMY FISHER,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the March 25, 2008
judgment of the Court of Appeals is considered, and it is GRANTED. In addition to the
issues presented in the application for leave to appeal concerning whether the emergency
aid doctrine justified the warrantless entry into the defendant’s home, and whether
evidence of an assault against the police may be suppressed irrespective of the validity of
a warrantless entry into a house, the parties shall address the standard of review to be
applied for appellate review of a trial court’s decision concerning an alleged Fourth
Amendment violation for entering a house without a warrant, considering United States v
Gambino-Zavala, 539 F3d 1221, 1225 (CA 10, 2008), quoting United States v Apperson,
441 F3d 1162, 1184 (CA 10, 2006), and Ornelas v United States, 517 US 690; 116 S Ct
1657; 134 L Ed 2d 911 (1996).
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.
October 3, 2008 _________________________________________
p0930 Clerk