People v. Borgne
747 N.W.2d 545
Mich.
2008
Check Treatment

*1 Order Michigan Supreme Court

Lansing, Michigan April 30, 2008 Clifford W. Taylor,

Chief Justice 134967 Michael F. Cavanagh

Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, Plaintiff-Appellant, Justices v SC: 134967

COA: Wayne CC: 05-000173-01 269572 MICHAEL J. BORGNE,

Defendant-Appellee. _________________________________________/

On order of the Court, the application for leave to appeal the August 9, 2007 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address: (1) whether the defendant’s constitutional rights under Doyle v Ohio, 426 US 610, 619; 96 S Ct 2240; 49 L Ed 2d 91 (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.

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.

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. April 30, 2008 _________________________________________ p0423 Clerk