Order Michigan Supreme Court
Lansing, Michigan
April 2, 2008 Clifford W. Taylor,
Chief Justice
135811 & (30) 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: 135811
COA: 281006
Ingham CC: 07-000118-FC
CHARLES WILLIAM MERCER, JR.,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the December 18, 2007 order of the Court of Appeals
is considered. We direct the Clerk to schedule oral argument on May 7, 2008, on
whether to grant the application or take other peremptory action. MCR 7.302(G)(1). At
oral argument the parties shall address whether the constitutional due process standard for
dismissal of a criminal prosecution based on prearrest delay requires a showing by the
criminal defendant of both (1) actual and substantial prejudice due to the delay, and
(2) the intent by the prosecution to gain a tactical advantage by means of the delay, and if
not, whether and how a balancing test should be employed to consider these two factors.
The parties may file supplemental briefs no later than April 25, 2008, but they should not
submit mere restatements of their application papers.
The Prosecuting Attorneys Association of Michigan and the Criminal Defense
Attorneys of Michigan are invited to file briefs amicus curiae no later than April 25,
2008. Other persons or groups interested in the determination of the issue 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 2, 2008 _________________________________________
t0402 Clerk