Order Michigan Supreme Court
Lansing, Michigan
June 9, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
155172 David F. Viviano
Richard H. Bernstein
Joan L. Larsen
Kurtis T. Wilder,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 155172
COA: 327905
Wayne CC: 15-001051-AR
TREMEL ANDERSON,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the November 29, 2016
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 action. MCR 7.305(H)(1).
The parties shall file supplemental briefs within 42 days of the date of this order
addressing: (1) the manner in which a magistrate judge may consider the credibility of
witnesses at a preliminary examination when determining whether to bind over a
defendant, in light of our instruction that a magistrate should not refuse to bind a
defendant over when the evidence conflicts or raises reasonable doubt; see People v Yost,
468 Mich 122, 128 n 8 (2003); and (2) whether the Wayne Circuit Court abused its
discretion in dismissing the charges in this instance. The parties should not submit mere
restatements of their application papers.
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.
June 9, 2017
s0606
Clerk