Opinion
SC: 162833 COA: 353646
10-06-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. David Allan LUCYNSKI, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the December 17, 2020 judgment of the Court of Appeals is considered, and it is GRANTED, limited to the issues: (1) whether the defendant impeded traffic, in violation of MCL 257.676b(1), where there was no actual traffic to impede at that time; (2) if not, whether the deputy sheriff made a reasonable mistake of law by effectuating a traffic stop of the defendant for violating MCL 257.676b(1), see Heien v. North Carolina , 574 U.S. 54, 135 S.Ct. 530, 190 L.Ed.2d 475 (2014) ; and (3) whether the deputy sheriff seized the defendant when he pulled his patrol vehicle behind the defendant's vehicle in a driveway. The appellant's brief and appendix shall be filed by January 31, 2022, with no extensions except upon a showing of good cause. The time for filing the remaining briefs shall be set as forth in MCR 7.312(E). The time allowed for oral argument shall be 20 minutes for each side. MCR 7.314(B)(1).
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.