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People v. Tomasik

Supreme Court of Michigan

March 25, 2015

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
v.
DENNIS LEE TOMASIK, Defendant-Appellant

COA: 279161. Kent CC: 06-003485-FC.

Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.

ORDER

On order of the Court, the application for leave to appeal the April 22, 2014 judgment

Page 621

of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) whether the Kent Circuit Court erred by admitting the entire recording of the defendant's interrogation in light of People v Musser, 494 Mich. 337; 835 N.W.2d 319 (2013), and, if so, whether admission of the evidence amounted to plain error; (2) whether the trial court erred in admitting Thomas Cottrell's expert testimony regarding child sexual abuse accommodation syndrome under current MRE 702, and People v Kowalski, 492 Mich. 106; 821 N.W.2d 14 (2012), and, if so, whether admission of the testimony amounted to plain error; and (3) whether the trial court erred in denying the defendant's motion for a new trial based on the newly disclosed impeachment evidence of the March 26, 2003 report authored by Timothy Zwart and the March 1, 2003 form completed by Denise Joseph-Enders in light of People v Grissom, 492 Mich. 296; 821 N.W.2d 50 (2012).

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.


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