*1 Order Michigan Supreme Court
Lansing, Michigan October 3, 2008 Clifford W. Taylor,
Chief Justice 136591 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: 136591
COA: 276439 Wayne CC: 04-000969 JEREMY FISHER,
Defendant-Appellee.
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On order of the Court, the application for leave to appeal the March 25, 2008
judgment of the Court of Appeals is considered, and it is GRANTED. In addition to the
issues presented in the application for leave to appeal concerning whether the emergency
aid doctrine justified the warrantless entry into the defendant’s home, and whether
evidence of an assault against the police may be suppressed irrespective of the validity of
a warrantless entry into a house, the parties shall address the standard of review to be
applied for appellate review of a trial court’s decision concerning an alleged Fourth
Amendment violation for entering a house without a warrant, considering
United States v
Gambino-Zavala
,
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. October 3, 2008 _________________________________________ p0930 Clerk