Opinion
No. 138203.
September 25, 2009.
Appeal from the Court of Appeals No. 278243.
Actions on Applications for Leave to Appeal from the Court of Appeals.
Leave to Appeal Denied.
I would grant leave to appeal to consider the constitutionality of MCL 768.27b. The statute threatens to gut our Michigan Rules of Evidence. The case raises a serious separation of powers issue. I believe that the Court is remiss in not considering this jurisprudentially significant question.
For a thorough discussion of this issue, refer to Justice CAVANAGH'S dissenting statement in People v Watkins, 482 Mich 1114 (2008), which I joined.
CAVANAGH, J., would grant leave to appeal.