Opinion
Docket No. 151612. COA No. 319727.
12-11-2015
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Detrick Doral LANCE, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the March 24, 2015 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 specifically address: (1) when the statute of limitations on the defendant's offenses ran, and what event must have occurred to stop the running of the statute, where MCL 767.24(7) provides that “[a]ll other indictments may be found and filed within 6 years after the offense is committed[,]” giving consideration to the fact that the trial docket indicates that a general information was filed on March 1, 2013; (2) whether the defendant or the prosecutor bears the burden of proof in establishing the applicable statute of limitations and any alleged tolling under MCL 767.24(8); and (3) whether the defendant was denied the effective assistance of counsel when counsel did not move to dismiss the charges on the basis that the information was not timely filed under MCL 767.24.
The application for leave to appeal remains pending.