Order Michigan Supreme Court
Lansing, Michigan
November 2, 2007 Clifford W. Taylor,
Chief Justice
134473 Michael F. Cavanagh
Elizabeth A. Weaver
PEOPLE OF THE STATE OF MICHIGAN, Marilyn Kelly
Plaintiff-Appellant, Maura D. Corrigan
Robert P. Young, Jr.
v SC: 134473 Stephen J. Markman,
Justices
COA: 245099
Van Buren CC: 00-011976-FC
JUNIOR FRED BLACKSTON,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the May 24, 2007
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other peremptory action. MCR
7.302(G)(l). At oral argument, the parties shall address: (1) considering that the grounds
for evidentiary error that defendant asserted at trial, citing MRE 613, differ from the
grounds he now advances upon appellate review, whether the Court of Appeals applied
the correct standard of review when addressing admissibility under MRE 806 and MRE
403; (2) whether the trial court could properly exclude two witnesses’ inconsistent
statements, which were made after they had testified in the defendant’s first trial but
before the defendant’s second trial; (3) whether exclusion of this evidence, if error and if
the claim of error was properly preserved, was harmless beyond a reasonable doubt; and
(4) whether exclusion, if error but the claim of error was not preserved through a
sufficient objection at trial, is plain error requiring reversal. The parties may file
supplemental briefs within 28 days of the date of this order, 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. 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.
CAVANAGH and KELLY, JJ., would deny leave to appeal.
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.
November 2, 2007 _________________________________________
p1030 Clerk