Opinion
Docket No. 145604. COA No. 304403.
2012-10-31
PEOPLE of the State of Michigan, Plaintiff–Appellant, v. David Barry BURNS, Defendant–Appellee.
Prior report: Mich.App., 2012 WL 2161016.
Order
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.