Opinion
No. 135435.
April 30, 2008.
Reported below: 277 Mich App 137.
Leave to Appeal Granted April 30, 2008:
The parties shall address: (1) whether the defendant's constitutional rights under Doyle v Ohio, 426 US 610, 619 (1976), were violated, (2) whether the claim of error under Doyle was properly preserved at trial, (3) the resulting appropriate standard of review on appeal, and (4) whether any error was harmless under the applicable standard of review.
We further order the Allegan Circuit Court, in accordance with Administrative Order No. 2003-3, to determine whether the defendant is indigent and, if so, to appoint counsel to represent the defendant in this Court.
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.