People v. Derring

Full title: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jamasa Z. DERRING…

Court: Supreme Court of Michigan

Date published: Dec 12, 2003

469 Mich. 978 (Mich. 2003)

469 Mich. 978

Opinion

672 N.W.2d 174 (Mich. 2003) 469 Mich. 978 PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jamasa Z. DERRING, Defendant-Appellant. No. 120696. COA No. 224937. Supreme Court of Michigan December 12, 2003.

        By order of July 22, 2002, the application for leave to appeal was held in abeyance pending the decision in People v. Katt (Docket No. 120515). On order of the

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Court, the opinion having been issued on May 30, 2003, 468 Mich. 272, 662 N.W.2d 12 (2003), the application is again considered, and, pursuant to MCR 7.302(G)(1), we DIRECT the clerk to schedule oral argument on whether to grant the application or take other peremptory action merited by MCR 7.302(G)(1). The parties shall limit their presentation to the following issues: (1) whether the disputed out-of-court statements were hearsay under MRE 801(c); (2) if the statements were hearsay, were they also offered for a non-hearsay purpose; and (3) if the statements were offered for both a hearsay and a non-hearsay purpose, what test is used in determining their admissibility? The parties may file supplemental briefs within 28 days of the date of this order.

        The application for leave to appeal remains pending.

        WEAVER, J., concurs.

        I concur in granting oral argument, but would not limit the issues to be addressed.

·The People of the State of Michigan, Plaintiff-Appellee, v. Jamasa Z. DERRING, Defendant-Appellant,, 2004 WL 406077 (Appellate Brief) (Mich. January 9, 2004), Supplemental Brief

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