Order Michigan Supreme Court
Lansing, Michigan
December 15, 2006 Clifford W. Taylor,
Chief Justice
132284 & (53) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellant, Stephen J. Markman,
Justices
v SC: 132284
COA: 267976
Sanilac CC: 05-006016-FC
THOMAS JAMES EARLS,
Defendant-Appellee.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the October 3, 2006 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)(1). At oral argument, the
parties shall address whether the defendant has standing to challenge evidence seized in
violation of MCL 767A.1 et seq. and, if so, whether the violation of that statutory
provision authorizes exclusion of the evidence, in light of People v Hawkins, 468 Mich
488, 507 (2003), and People v Anstey, 476 Mich 436, 448 (2006). The parties may file
supplemental briefs within 42 days of the date of this order, but they should avoid
submitting a mere restatement of the arguments made in their application papers.
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.
December 15, 2006 _________________________________________
s1212 Clerk