Order Michigan Supreme Court
Lansing, Michigan
September 14, 2006 Clifford W. Taylor,
Chief Justice
131041 & (57) 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
Cross-Appellee,
v SC: 131041
COA: 256986
Genesee CC: 95-052613-FC
COREY RAMONE FRAZIER,
Defendant-Appellee/
Cross-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 7, 2006
judgment of the Court of Appeals and the application for leave to appeal as cross-
appellant are considered. The application for leave to appeal is GRANTED. The parties
are directed to include among the issues to be briefed: 1) whether the exclusionary rule
applies to fruits of a confession extracted not by police misconduct, but by the
abandonment of retained counsel during the interrogation, a critical stage of proceedings,
in violation of United States v Cronic, 466 US 648; 104 S Ct 2039; 80 L Ed 2d 657
(1984); and, if so, 2) whether the inevitable discovery doctrine of Nix v Williams, 467 US
431; 104 S Ct 2501; 81 L Ed 2d 377 (1984), applies in such circumstances; and, if so, 3)
whether the exclusionary rule should be applied narrowly as suggested in United States v
Ceccolini, 435 US 268; 98 S Ct 1054; 55 L Ed 2d 268 (1978), when the information
derived from the confession is the identity of witnesses. The application for leave to
appeal as cross-appellant is DENIED, because we are not persuaded that the questions
presented should be reviewed by this Court.
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.
September 14, 2006 _________________________________________
s0907 Clerk