Opinion
Docket No. 146577. COA No. 303437.
2013-05-28
Order
On order of the Court, the application for leave to appeal the November 29, 2012 judgment of the Court of Appeals is considered. We DIRECT the Oakland County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. The prosecutor shall include among the issues to be answered whether the evidence seized from the defendant when he was on his patio in his backyard was seized in violation of the Fourth Amendment, whether the Court of Appeals correctly concluded that the exclusionary rule should not be applied, and whether defense counsel performed deficiently in failing to move to suppress the evidence.
The application for leave to appeal remains pending.