Order Michigan Supreme Court
Lansing, Michigan
October 14, 2005 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
128294 Elizabeth A. Weaver
128533 Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
Justices
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellant,
v SC: 128294
COA: 246706
Wayne CC: 02-004374
JOEZELL WILLIAMS II,
Defendant-Appellee.
_________________________________________/
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v SC: 128533
COA: 246706
Wayne CC: 02-004374
JOEZELL WILLIAMS II,
Defendant-Appellant.
_________________________________________/
On order of the Court, the applications for leave to appeal the January 27, 2005
judgment of the Court of Appeals are considered and, pursuant to MCR 7.302(G)(1), we
direct the Clerk to schedule oral argument on whether to grant the applications or take
other peremptory action permitted by MCR 7.302(G)(1). We further order the Wayne
County Court to appoint Neil J. Leithauser to represent the defendant in this Court.
The parties shall file supplemental briefs within 28 days of the date of this order,
and are directed to include among the issues briefed: (1) whether People v Bigelow, 229
Mich App 218 (1998), was decided correctly, (2) whether, if the rule in Bigelow is
followed, but the felony murder conviction is reversed or vacated on appeal or in habeas
proceedings, there are important real-world consequences that flow from the prior
vacating of the predicate felony underlying the subject felony murder conviction, and (3)
in particular, whether a previously vacated predicate felony can be “revived” if the felony
murder conviction is reversed or vacated on appeal or in habeas proceedings.
2
The Prosecuting Attorneys Association of Michigan and the Criminal Defense
Attorneys of Michigan are invited to file briefs amicus curiae on the issues stated above.
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 14, 2005 _________________________________________
s1010 Clerk