People of Michigan v. David Barry Burns ( 2012 )

Order Michigan Supreme Court
Lansing, Michigan
October 31, 2012 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
145604 Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 145604
COA: 304403
Bay CC: 10-010787-FC
DAVID BARRY BURNS,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the June 14, 2012
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether the trial court abused its discretion in
admitting the complainant’s out-of-court statements under the forfeiture-by-wrongdoing
exception to the hearsay rule set out in MRE 804(b)(6); and (2) whether the Court of
Appeals substituted its judgment for that of the trial court and, in doing so, invaded the
fact-finding authority vested in the trial court.
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association of Michigan are invited to file briefs amicus curiae. Other persons or groups
interested in the determination of the issues presented in this case may move the Court
for permission to file briefs amicus curiae.
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.
October 31, 2012 _________________________________________
s1024 Clerk