Opinion
SC: 157581 COA: 336598 SC: 157646 COA: 333720
11-23-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Clifford Durell MCKEE, Defendant-Appellant. People of the State of Michigan, Plaintiff-Appellee, v. Rodney Jamar McKee, Defendant-Appellant.
Order
On October 7, 2021, the Court heard oral argument on the applications for leave to appeal the February 27, 2018 judgment of the Court of Appeals. We DIRECT the parties to file additional supplemental briefs within 35 days of the date of this order addressing: (1) whether the trial court reversibly erred in denying defendants’ motion for mistrial after the admission of evidence of Cortez Butler's other acts; (2) whether the trial court reversibly erred in failing to grant defendants’ motion for separate trials based on Butler's confession, see Zafiro v. United States , 506 U.S. 534, 539, 113 S.Ct. 933, 122 L.Ed.2d 317 (1993), and People v. Hana , 447 Mich. 325, 346-347, 524 N.W.2d 682 (1994) ; and (3) whether Butler's confession was obtained in violation of Miranda v. Arizona , 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and whether defendants may challenge the admission of Butler's confession against them as third parties, see People v. Wood , 447 Mich. 80, 89, 523 N.W.2d 477 (1994). In briefing these issues, the parties need not address whether the admission of Butler's statements to the police was a violation of Bruton v. United States , 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968).