Order Michigan Supreme Court
Lansing, Michigan
May 9, 2008 Clifford W. Taylor,
Chief Justice
135989 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman,
Justices
Plaintiff-Appellant,
v SC: 135989
COA: 273488
Ottawa CC: 05-028876-FC
MICHAEL ALLEN MILLER,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the January 17, 2008
judgment of the Court of Appeals is considered, and it is GRANTED, limited to the
issues: (1) whether the Court of Appeals erred in reversing the defendant’s conviction
and remanding this case to the circuit court for a new trial pursuant to People v DeHaven,
321 Mich 327 (1948); (2) whether DeHaven was wrongly decided or has been superseded
by MCL 600.1354(1); (3) whether a criminal defendant must establish actual prejudice
pursuant to MCL 600.1354(1) where the challenged juror was excusable for cause;
(4) how the “actual prejudice” standard for purposes of MCL 600.1354(1) should be
defined; and (5) whether the juror’s failure to disclose his status as a felon, which
disqualified him from serving on the jury, constituted structural error pursuant to Neder v
United States, 527 US 1; 119 S Ct 1827; 144 L Ed 2d 35 (1999).
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 9, 2008 _________________________________________
s0506 Clerk