Opinion
SC: 163961 COA: 354406
10-05-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Matthew Scott DUFF, Defendant-Appellant.
Order
By order of May 3, 2022, the prosecuting attorney was directed to answer the application for leave to appeal the November 23, 2021 judgment of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The parties shall include among the issues to be briefed: (1) whether the totality of the circumstances surrounding the officers’ conduct of partially obstructing the defendant's ability to move his vehicle would have communicated to a reasonable person that the person was not free to decline the officers’ requests or otherwise terminate the encounter, see People v Lucynski , ––– Mich. ––––, ––– N.W.2d ––––, 2022 WL 2964546 (Docket No. 162833, decided July 26, 2022 ); and (2) whether People v Anthony , 327 Mich App 24, 40, 932 N.W.2d 202 (2019), correctly held that "only if officers completely block a person's parked vehicle with a police vehicle is the person seized."
The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys 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.