Order Michigan Supreme Court
Lansing, Michigan
April 30, 2008 Clifford W. Taylor,
Chief Justice
135435 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: 135435
COA: 267192
Allegan CC: 05-014062-FC
HAROLD EMMETT SHAFIER, III,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 30, 2007
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address: (1) whether the defendant’s constitutional rights under Doyle v Ohio, 426 US
610, 619; 96 S Ct 2240; 49 L Ed 2d 91 (1976), were violated, (2) whether the claim of
error under Doyle was properly preserved at trial, (3) the resulting appropriate standard of
review on appeal, and (4) whether any error was harmless under the applicable standard
of review.
We further ORDER the Allegan 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 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.
April 30, 2008 _________________________________________
p0423 Clerk