Order Michigan Supreme Court
Lansing, Michigan
April 23, 2008 Clifford W. Taylor,
Chief Justice
135787 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: 135787
COA: 277905
Wayne CC: 06-008116
LINCOLN WATKINS,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the December 13, 2007
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether MCL 768.27a conflicts with MRE
404(b) and, if it does, (2) whether the statute prevails over the court rule, see McDougall
v Schanz, 461 Mich 15 (1999), and Const 1963, art 6, § 1 and § 5; (3) whether the
omission of any reference to MRE 403 in MCL 768.27a (as compared to MCL
768.27b(1)), while mandating that propensity evidence “is admissible for any purpose for
which it is relevant,” violated defendant’s due process right to a fair trial; (4) whether the
Court should rule that propensity evidence described in MCL 768.27a is admissible only
if it is not otherwise excluded under MRE 403; and (5) whether MCL 768.27a interferes
with the judicial power to ensure that a criminal defendant receives a fair trial, a power
exclusively vested in the courts of this state under Const 1963, art 6, § 1.
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.
April 23, 2008 _________________________________________
s0416 Clerk