Order Michigan Supreme Court
Lansing, Michigan
December 5, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
135048 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 135048
COA: 277870
Bay CC: 06-010480-FY
TROY L. DAVIS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the July 13, 2007 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for
consideration as on leave granted. On remand, the Court of Appeals may, at its option,
remand to the trial court for further proceedings, e.g., for factual determinations
concerning the reasonable and customary hourly fees paid to experts of the type sought
by the defendant, the hourly fees paid to the proposed defense expert by the prosecution
in prior cases, and whether the fee cap set in this case effectively precludes the defendant
from access to an expert witness. We further ORDER that the trial not occur until the
completion of this appeal.
We do not retain jurisdiction.
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.
December 5, 2007 _________________________________________
d1128 Clerk