Opinion
No. 134206.
November 27, 2007.
Reported below: 275 Mich App 177.
Leave to Appeal Granted November 27, 2007:
The parties shall include among the issues to be briefed: (1) whether Lasater's identifications were testimonial or nontestimonial under Davis v Washington, 547 US 813 (2006); (2) whether, if the statements were testimonial, they constitute dying declarations; and (3) "whether the Sixth Amendment incorporates an exception for testimonial dying declarations." See Crawford v Washington, 541 US 36, 56 n 6 (2004). 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.