Order Michigan Supreme Court
Lansing, Michigan
July 20, 2007 Clifford W. Taylor,
Chief Justice
134369 Michael F. Cavanagh
& (23) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 134369
COA: 277905
Wayne CC: 06-008116
LINCOLN WATKINS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the May 14, 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
VACATE the May 14, 2007 order of the Court of Appeals and REMAND this case to the
Court of Appeals for plenary consideration of whether MCL 768.27a conflicts with MRE
404(b) and, if it does, whether the statute prevails over the court rule. McDougall v
Schanz, 461 Mich 15 (1999).
We further ORDER that trial court proceedings are stayed pending the completion
of this appeal. On motion of a party or on its own motion, the Court of Appeals may
modify, set aside, or place conditions on the stay if it appears that the appeal is not being
vigorously prosecuted or if other appropriate grounds appear.
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.
July 20, 2007 _________________________________________
l0717 Clerk