Opinion
Docket No. 146521. COA No. 300959.
2013-09-20
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Jason Lee SHAVER, Defendant–Appellant.
Prior report: Mich.App., 2012 WL 6035519.
Order
On order of the Court, the application for leave to appeal the December 4, 2012 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address: (1) whether evidence of a child's prior sexual abuse is barred by the rape-shield statute, MCL 750.520j; (2) if so, whether evidence of prior sexual abuse was nevertheless admissible in this instance to preserve the defendant's right of confrontation and to present a defense ( see People v. Hackett, 421 Mich. 338, 365 N.W.2d 120 (1984)); and (3) whether any error in excluding evidence of prior sexual abuse in this case was harmless.
The Criminal Law Section of the State Bar of Michigan, 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.