Opinion
357976
02-09-2022
People of Michigan v. Cara Christine Bowden
LC No. 21-044535-AR
Michael J. Kelly, James Robert Redford Judges
ORDER
STEPHEN L. BORRELLO PRESIDING JUDGE
On its own motion, the Court ORDERS that the Attorney General, the State Appellate Defender Office (SADO), the American Civil Liberties Union of Michigan (ACLU of Michigan), and the Prosecuting Attorneys Association of Michigan (PAAM) are each invited to file an amicus curiae brief regarding this appeal within 28 days after the date of this order. If any of these potential amici accept the invitation their amicus curiae briefs should address whether there is sufficient scientific evidence to support the conclusion that a properly trained and certified drug recognition evaluation officer is able to accurately determine whether an individual is impaired by the ingestion of marijuana or narcotics to a degree that makes it unsafe and unlawful for the individual to operate a motor vehicle. Such discussion should include consideration of MRE 702 and Daubert v Merrell Dow Pharmaceuticals, Inc, 509 U.S. 579; 113 S.Ct. 2786; 125 L.Ed.2d 469 (1993).
Other interested entities or individuals may file a motion to file an amicus curiae brief in this appeal within 21 days after the date of this order.
The Clerk's Office shall send copies of this order to the Attorney General, SADO, the ACLU of Michigan, and PAAM.