Order Michigan Supreme Court
Lansing, Michigan
May 30, 2008 Clifford W. Taylor,
Chief Justice
135466 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: 135466
COA: 280708
Wayne CC: 04-009734
DAVID CRAIG BREEDING,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 23, 2007
order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for
consideration, as on leave granted, of the defendant’s claim that his constitutional right to
confront the witnesses against him was violated by the trial court’s admission, at the
probation revocation hearing, of certain statements by out-of-court declarants. See
Crawford v Washington, 541 US 36; 124 S Ct 1354; 158 L Ed 2d 177 (2004). In
considering this claim, the Court of Appeals shall address whether the federal circuit
Court of Appeals decisions addressing this issue are correct that Crawford does not apply
to probation revocation hearings. See, e.g., United States v Kelley, 446 F3d 688 (CA 7,
2006); United States v Rondeau, 430 F3d 44 (CA 1, 2005); United States v Hall, 419 F3d
980 (CA 9, 2005); United States v Kirby, 418 F3d 621 (CA 6, 2005); United States v
Martin, 382 F3d 840 (CA 8, 2004); and United States v Aspinall, 389 F3d 332 (CA 2,
2004). In all other respects, leave to appeal is DENIED, because we are not persuaded
that the remaining questions presented should be reviewed by this Court.
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 30, 2008 _________________________________________
p0527 Clerk