Opinion
SC: 165109 COA: 359167
06-02-2023
Order
By order of April 14, 2023, the prosecuting attorney was directed to answer the application for leave to appeal the November 17, 2022 judgment of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again 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) whether the defendant was subjected to a "custodial interrogation" without being advised of his rights under Miranda v Arizona , 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), when he was a hospitalized patient; and (2) whether the defendant's statements were "freely and voluntarily made," People v Cipriano , 431 Mich. 315, 334, 429 N.W.2d 781 (1988).
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.