Opinion
SC: 165162 COA: 359849
05-24-2023
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Karl Derell BUTLER, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the September 22, 2022 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The parties shall file supplemental briefs in accordance with MCR 7.312(E), addressing: (1) the appropriate standard for determining whether the defendant made a sufficient offer of proof to support holding an in camera evidentiary hearing to determine the admissibility of the complainant's alleged prior false accusation of nonconsensual sexual acts, see People v Hackett , 421 Mich. 338, 350-352, 365 N.W.2d 120 (1984) ; see also People v Williams , 191 Mich App 269, 477 N.W.2d 877 (1991) ; (2) the defendant's burden of proof in establishing the falsity of the complainant's prior accusation against a different person that she was subjected to nonconsensual sexual acts, rendering the rape-shield statute inapplicable to evidence of the prior accusation, see Hackett , 421 Mich. at 348, 365 N.W.2d 120 ; (3) whether barring evidence of the November 2008 sexual assault allegation in this case would constitute a denial of the defendant's constitutional right to confrontation or the right to present a defense, see People v Arenda , 416 Mich. 1, 330 N.W.2d 814 (1982) ; and (4) to what extent the Michigan Rules of Evidence apply when a trial court is determining what evidence of an alleged false allegation may be presented to the jury.
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.