People of Michigan v. Tamara Lynn Bourgeau ( 2014 )

Order Michigan Supreme Court
Lansing, Michigan
February 28, 2014 Robert P. Young, Jr.,
Chief Justice
148371 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 148371
COA: 318595
Oakland CC: 2013-009939-AR
TAMARA LYNN BOURGEAU,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the November 15, 2013
order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Oakland Circuit Court for
consideration, as on leave granted, of the prosecutor’s argument that the 52-2nd District
Court erred in directing the prosecutor to produce all of the evidence listed in its June 6,
2013 order. The prosecutor properly sought to appeal the district court ruling directing
the production of certain materials. The issue was ripe for consideration, and it would be
improper for the prosecutor to refuse to comply with the order instead of seeking to
appeal the order. See State Bar of Michigan v Cramer, 399 Mich 116, 125 (1976), citing
Maness v Meyers, 419 US 449, 458-459; 95 S Ct 584; 42 L Ed 2d 574 (1975).
I, Larry S. Royster, 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 28, 2014
p0224
Clerk