Order Michigan Supreme Court
Lansing, Michigan
March 25, 2015 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Mary Beth Kelly
149372 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 149372
COA: 279161
Kent CC: 06-003485-FC
DENNIS LEE TOMASIK,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the April 22, 2014
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether the Kent Circuit Court erred by
admitting the entire recording of the defendant’s interrogation in light of People v
Musser, 494 Mich 337 (2013), and, if so, whether admission of the evidence amounted to
plain error; (2) whether the trial court erred in admitting Thomas Cottrell’s expert
testimony regarding child sexual abuse accommodation syndrome under current MRE
702, and People v Kowalski, 492 Mich 106 (2012), and, if so, whether admission of the
testimony amounted to plain error; and (3) whether the trial court erred in denying the
defendant’s motion for a new trial based on the newly disclosed impeachment evidence
of the March 26, 2003 report authored by Timothy Zwart and the March 1, 2003 form
completed by Denise Joseph-Enders in light of People v Grissom, 492 Mich 296 (2012).
The Prosecuting Attorneys Association of Michigan and the Criminal Defense
Attorneys 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, Larry S. Royster, 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.
March 25, 2015
s0318
Clerk
People of Michigan v. Dennis Lee Tomasik
Combined Opinion