Opinion
SC 166923 (90) COA 355925
09-25-2024
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v. MICHAEL GEORGIE CARSON, Defendant-Appellee.
Emmet CC: 20-005054-FC
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
On order of the Court, the application for leave to appeal the February 15, 2024 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address whether the Court of Appeals erred by: (1) holding that the warrant to search the defendant's cell phone violated the Fourth Amendment's particularity requirement, see People v Hughes, 506 Mich. 512, 538 (2020); (2) failing to sever any valid portions of the search warrant from any invalid portions, see People v Keller, 479 Mich. 467, 479 (2007); (3) holding that the good-faith exception to the exclusionary rule did not apply, see People v Goldston, 470 Mich. 523, 531 (2004), discussing United States v Leon, 468 U.S. 897, 923 (1984); and (4) finding that trial counsel deprived the defendant of his right to the effective assistance of counsel by failing to move to suppress the evidence obtained from his cell phone on these grounds, see Strickland v Washington, 466 U.S. 668, 687-688 (1984). The motion for bond pending appeal is DENIED, without prejudice to the defendant filing a motion in the Emmet Circuit Court that addresses MCL 770.8, MCR 7.209(B)(2), and the factors listed in People v Giacalone, 16 Mich.App. 352 (1969). The time allowed for oral argument shall be 20 minutes for each side. MCR 7.314(B)(1).
Amici who appeared at the application stage are invited to file supplemental briefs amicus curiae. The Criminal Defense Attorneys of Michigan is invited to file a brief 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.