People v. Watkins

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