Order Michigan Supreme Court
Lansing, Michigan
May 2, 2008 Clifford W. Taylor,
Chief Justice
135495 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: 135495
COA: 267961
Oakland CC: 2005-203450-FC
AMIR AZIZ SHAHIDEH,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the October 25, 2007
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (a) whether MCL 768.20a governs a request by
an incarcerated defendant for an independent psychiatric evaluation to determine whether
an insanity defense may be available where no notice of intention to assert an insanity
defense has been filed; (b) if the statute governs, whether the subsections of MCL
768.20a are to be construed seriatim, such that an independent psychiatric evaluation may
not be requested under subsection (3) without first complying with subsections (1) and
(2); and, (c) if the statute does not apply, whether the defendant’s constitutional rights
were violated by the trial court’s decision to deny access to the defendant for an
independent psychiatric evaluation while he was in jail.
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.
May 2, 2008 _________________________________________
s0429 Clerk