Order Michigan Supreme Court
Lansing, Michigan
May 18, 2007 Clifford W. Taylor,
Chief Justice
132803 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 132803
COA: 259713
St Joseph CC: 04-012272-FH
GARY MATTHEW CARNICOM,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 31, 2006
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the question presented should be reviewed by this Court.
CAVANAGH, J., would grant leave to appeal.
KELLY, J., dissents and states as follows:
I agree with Court of Appeals Judge Cooper that this Court should grant leave to
appeal for the purpose of clarifying our opinion in People v Jacobsen, 448 Mich 639
(1995). As Judge Cooper pointed out, “[i]f the court provides to indigent defendants the
right to a court appointed and funded expert witness, there can be no requirement that the
defendant first show the expert will support his claim. Otherwise, the right affords
defendants no protection at all.”
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 18, 2007 _________________________________________
t0515 Clerk