Order Michigan Supreme Court
Lansing, Michigan
June 29, 2007 Clifford W. Taylor,
Chief Justice
133383 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: 133383
COA: 264991
Eaton CC: 04-020431-FH
CARRIE EVERETT COTTRELL,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the February 1, 2007
judgment of the Court of Appeals is considered. We direct the Eaton County Prosecuting
Attorney and invite the defendant to submit supplemental briefs within 28 days of the
date of this order addressing the issues: (1) whether the prosecutor’s statements at the
hearing on the defendant’s motion for a new trial, regarding the statements made by the
jurors during the post-verdict colloquy between counsel and the jurors, constitute an
admission by a party-opponent, MRE 801(d)(2)(B); and (2) if the prosecutor’s statements
are an admission by a party-opponent, whether the Court of Appeals erred when it held
that the defendant’s affidavits “are plainly hearsay” and that there is “no competent
record evidence” to support the defendant’s motion for a new trial.
The application for leave to appeal remains pending.
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.
June 29, 2007 _________________________________________
p0626 Clerk