Opinion
No. 122021.
April 16, 2003.
SC: 122021, COA: 230897, Wayne CC: 99-009754
On order of the Court, the delayed application for leave to appeal from the May 28, 2002 decision of the Court of Appeals is considered, and we DIRECT the Wayne County Prosecuting Attorney to file an answer, within 28 days after the date of this order, focusing on the issues whether MCL 767.76 allows the trial court to amend the information after the close of the proofs to charge a cognate offense; whether such an amendment after the close of proofs is constitutional in light of Schmuck v United States, 489 U.S. 705, 718 (1989); and, if such an amendment after the close of proofs is unconstitutional, whether the error could have been and was harmless. The delayed application remains under consideration.