Opinion
Docket No. 149040. COA No. 314980.
2014-09-17
PEOPLE of the State of Michigan, Plaintiff–Appellant, v. Mantrease Datrell SMART, Defendant–Appellee.
Order
On order of the Court, the application for leave to appeal the February 11, 2014 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.302(H)(1). The parties shall submit supplemental briefs within 42 days of the date of this order addressing whether the defendant's statement to the police on June 8, 2011 should be suppressed under MRE 410. In briefing this issue, the parties should include in their discussion whether, pursuant to MRE 410(4), “plea discussions” must directly involve a prosecuting attorney or whether a prosecuting attorney's agent may act on behalf of the prosecuting authority and, if so, under what circumstances the agent's discussions constitute “plea discussions.” The parties should also address whether this Court's two-part analysis for determining if a statement was made “in connection with” a plea offer, established in People v. Dunn, 446 Mich. 409, 521 N.W.2d 255 (1994), should continue to guide the application of MRE 410, and if not, what test should be applied in its stead. The parties should not submit mere restatements of their application papers.