People v. Watkins

Order                                                                                         Michigan Supreme Court
                                                                                                    Lansing, Michigan

  April 23, 2008                                                                                          Clifford W. Taylor,
                                                                                                                  Chief Justice

  135787                                                                                                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: 135787
                                                                     COA: 277905
                                                                     Wayne CC: 06-008116
  LINCOLN WATKINS,
           Defendant-Appellant.

  _________________________________________/

           On order of the Court, the application for leave to appeal the December 13, 2007
  judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
  include among the issues to be briefed: (1) whether MCL 768.27a conflicts with MRE
  404(b) and, if it does, (2) whether the statute prevails over the court rule, see McDougall
  v Schanz, 461 Mich 15 (1999), and Const 1963, art 6, § 1 and § 5; (3) whether the
  omission of any reference to MRE 403 in MCL 768.27a (as compared to MCL
  768.27b(1)), while mandating that propensity evidence “is admissible for any purpose for
  which it is relevant,” violated defendant’s due process right to a fair trial; (4) whether the
  Court should rule that propensity evidence described in MCL 768.27a is admissible only
  if it is not otherwise excluded under MRE 403; and (5) whether MCL 768.27a interferes
  with the judicial power to ensure that a criminal defendant receives a fair trial, a power
  exclusively vested in the courts of this state under Const 1963, art 6, § 1.

         The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
  Association 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, 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.
                            April 23, 2008                      _________________________________________
           s0416                                                                Clerk