Opinion
Docket No. 149053. COA No. 311726.
2014-11-26
PEOPLE of the State Of Michigan, Plaintiff–Appellee, v. Dannon Lewis ANES, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the February 13, 2014 judgment of the Court of Appeals is considered. We DIRECT the Allegan County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. The prosecutor shall address: (1) whether evidence that the complainant was touching the defendant's groin area or otherwise “grinding on” him was prior sexual conduct that was admissible under MCL 750.520j(1)(a), or as part of the res gestae, and (2) whether exclusion of evidence that the complainant was touching the defendant's groin area or otherwise “grinding on” him violated the defendant's right of confrontation under the United States and Michigan Constitutions. U.S. Const., Am. VI; Const. 1963, art. 1, § 20.
The application for leave to appeal remains pending.