Order Michigan Supreme Court
Lansing, Michigan
May 23, 2007 Clifford W. Taylor,
Chief Justice
127129 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
PEOPLE OF THE STATE OF MICHIGAN, Maura D. Corrigan
Plaintiff-Appellee, Robert P. Young, Jr.
Stephen J. Markman,
Justices
v SC: 127129
COA: 245835
Macomb CC: 2002-001210-FH
GENNARO JOSEPH PISCOPO,
Defendant-Appellant.
_________________________________________/
By order of April 7, 2005, the application for leave to appeal the June 24, 2004
judgment of the Court of Appeals was held in abeyance pending the decision in People v
Jackson (Docket No. 125250). On order of the Court, the case having been decided on
February 9, 2007, 477 Mich 1019 (2007), the application is again considered, and it is
GRANTED. The parties shall include among the issues to be briefed: (1) whether the
rape-shield statute, MCL 750.520j, bars the admission of evidence of past sexual assault;
(2) whether the rape-shield statute bars the admission of evidence of imaginary sexual
activity; (3) whether the rape-shield statute bars the admission of unsubstantiated
allegations of prior sexual assault; (4) what procedures and standards a trial court should
employ to determine whether the rape-shield statute applies to otherwise admissible
evidence involving unsubstantiated allegations of sexual assault or evidence of imaginary
sexual activity; (5) what party has the burden of proof at each stage of the process of
determining the applicability of the rape-shield statute; (6) whether barring the admission
of evidence of actual past sexual assault in this case would constitute a denial of the
constitutional right to confrontation or the right to present a defense; and (7) whether the
trial court erred in barring the admission of evidence regarding the questionnaire filled
out by the complainant prior to the church ritual.
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association 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.
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.
May 23, 2007 _________________________________________
t0516 Clerk