Order Michigan Supreme Court
Lansing, Michigan
February 1, 2008 Clifford W. Taylor,
Chief Justice
133142 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellant, Stephen J. Markman,
Justices
v SC: 133142
COA: 271579
Macomb CC: 05-004049-FC
MARY ANN MCBRIDE,
Defendant-Appellee.
_________________________________________/
On November 8, 2007, the Court heard oral argument on the application for leave
to appeal the December 19, 2006 judgment of the Court of Appeals. On order of the
Court, the application is again considered. MCR 7.302(G)(1). In lieu of granting leave
to appeal, we REVERSE IN PART the judgment of the Court of Appeals and REMAND
this case to the trial court for further proceedings not inconsistent with this order. The
trial court erred in determining that the prosecutor failed to prove by a preponderance of
the evidence that defendant made a knowing and intelligent waiver of her Miranda1
rights. The totality of the circumstances surrounding the interrogation reflects that
defendant knowingly, intelligently, and voluntarily waived her Miranda rights. Moran v
Burbine, 475 US 412 (1986).
WEAVER, J., concurs and states as follows:
I concur with the majority’s partial reversal of the judgment of the Court of
Appeals and with the majority’s order remanding this case to the trial court for further
proceedings because the totality of the circumstances surrounding the interrogation
reflects that the defendant knowingly, intelligently, and voluntarily waived her Miranda
rights. See Miranda v Arizona, 384 US 436 (1966).
I write separately because viewing the defendant’s videotaped confession is
integral to evaluating whether the defendant knowingly, intelligently, and voluntarily
1
Miranda v Arizona, 384 US 436 (1966).
2
waived her Miranda rights. Although the defendant’s confession tape should not be
posted on the Court’s website before the trial in this matter, the Court should post the
tape after the conclusion of the trial and all possible appeals.
CAVANAGH and KELLY, JJ., would deny leave to appeal.
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 1, 2008 _________________________________________
d0129 Clerk