People v. Dozier

Order                                                                                        Michigan Supreme Court
                                                                                                   Lansing, Michigan

  September 26, 2008                                                                                     Clifford W. Taylor,
                                                                                                                 Chief Justice

  136204                                                                                               Michael F. Cavanagh
                                                                                                       Elizabeth A. Weaver
                                                                                                              Marilyn Kelly
                                                                                                         Maura D. Corrigan
  PEOPLE OF THE STATE OF MICHIGAN,                                                                     Robert P. Young, Jr.
            Plaintiff-Appellee,                                                                        Stephen J. Markman,
                                                                                                                      Justices

  v                                                                 SC: 136204
                                                                    COA: 275687
                                                                    Wayne CC: 06-007700-01
  ANTHONY DESHAWN DOZIER,
          Defendant-Appellant.

  _________________________________________/

        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 DENIED, because we are not
  persuaded that the questions presented should be reviewed by this Court.

        CAVANAGH, J., would grant leave to appeal.

        KELLY, J. (dissenting).

         I would grant leave to appeal the March 25, 2008, judgment of the Court of
  Appeals to consider whether defendant was deprived of a fair trial by the prosecution’s
  violation of MCR 6.201(B)(3). The prosecution violated the rule by failing to disclose
  defendant’s July 26, 2006, statement to the defense until it was used to impeach him
  during cross-examination at trial. The record suggests that the statement was obtained in
  violation of defendant’s Sixth Amendment right to counsel because counsel was not
  present when the statement was made. Also, there is no evidence of a valid waiver of
  counsel’s presence, even though defendant had been arraigned and counsel had been
  appointed when the statement was obtained. It therefore appears that the prosecution’s
  belated disclosure of the post-arraignment statement deprived defendant of a fair trial.




                           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.
                           September 26, 2008                  _________________________________________
           s0923                                                               Clerk