Order Michigan Supreme Court
Lansing, Michigan
October 19, 2007 Clifford W. Taylor,
Chief Justice
133729 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
PEOPLE OF THE STATE OF MICHIGAN, Maura D. Corrigan
Plaintiff-Appellant, Robert P. Young, Jr.
v SC: 133729 Stephen J. Markman,
Justices
COA: 265473
Oakland CC: 2002-186567-FH
THOMAS ERVIN HAWTHORNE,
Defendant-Appellee.
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On order of the Court, the application for leave to appeal the March 29, 2007
judgment 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 Oakland Circuit Court for
an evidentiary hearing on the defendant’s speedy trial claims. At that hearing, the court
shall take testimony and other evidence, and make findings of fact, regarding (1) all of
the factors specified in Barker v Wingo, 407 US 514, 530; 92 S Ct 2182; 33 L Ed 2d 101
(1972); (2) whether the defendant knew that the charges in this case were pending against
him when he was released from the Wayne County Jail in November 1994, or whether he
otherwise became aware of such charges before the prosecution commenced further
action in 2001; and (3) any other factors relevant to the question whether the charges
against the defendant must be dismissed for a violation of his speedy trial rights.
We further ORDER the Oakland Circuit Court, within 28 days of the conclusion
of the hearing, to file with the Clerk of the Supreme Court a transcript of the hearing and
the court’s findings of fact.
We retain jurisdiction.
KELLY, J., dissents and states as follows:
I would deny the application for leave to appeal. The Court has already remanded
this case to the trial court for a hearing on defendant's speedy trial motion. At that time,
the prosecution failed to explain its failure over a period of nine years to bring defendant
to trial. I see no reason for a second remand.
CAVANAGH and MARKMAN, JJ., join the statement of KELLY, J.
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.
October 19, 2007 _________________________________________
d1016 Clerk