Order Michigan Supreme Court
Lansing, Michigan
February 6, 2008 Clifford W. Taylor,
Chief Justice
135007 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: 135007
COA: 277736
Wayne CC: 05-005879-01
ANTHONY TYRONE SMITH,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 30, 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: (1) whether the circuit court erred in admitting the
testimony of Latrice Lewis under MRE 404(b); (2) whether the error in admitting the
testimony, if any, was reversible; (3) whether the testimony was admissible under MCL
768.27a; and (4) whether the prosecution’s failure to rely on MCL 768.27a precludes
sustaining its admission based on that provision.
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.
February 6, 2008 _________________________________________
s0130 Clerk