Opinion
Docket Nos. 146295 146296. COA Nos. 312637 312638.
2013-01-24
PEOPLE of the State of Michigan, Plaintiff–Appellant, v. Stanley G. DUNCAN, Defendant–Appellee. People of the State of Michigan, Plaintiff–Appellant, v. Vita Duncan, Defendant–Appellee.
Prior report: Mich.App., 2012 WL 6050566.
Order
On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the November 29, 2012 judgment of the Court of Appeals is considered, and it is GRANTED, limited to the issue whether the witness was “unavailable” for the purposes of MRE 804(a). Pursuant to MCR 7.302(H)(1), we VACATE as dicta those portions of the Court of Appeals judgment and the Macomb Circuit Court's October 5, 2012 opinion discussing whether the admission of the complainant's preliminary examination testimony would violate the defendants' Confrontation Clause rights pursuant to Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004).
The Clerk of the Court is directed to place this case on the April 2013 session calendar for argument and submission. Appellant's brief and appendix must be filed no later than February 26, 2013, and appellees' brief and appendix, if appellees choose to submit an appendix, must be filed no later than March 22, 2013.
Persons or groups interested in the determination of the issue presented in this case may move the Court for permission to file briefs amicus curiae.