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People v. Duenaz

Supreme Court of Michigan

June 3, 2015

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
v.
ROBIN SCOTT DUENAZ, Defendant-Appellant

COA: 311441. St. Clair CC: 12-000721-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 July 10, 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 file supplemental briefs within 42 days of the date of this order addressing: (1) whether evidence of a child's prior sexual abuse is " sexual conduct" barred by the rape-shield statute, MCL 750.520j; (2) if so, whether evidence of prior sexual abuse was nevertheless admissible in this instance to preserve the defendant's right of confrontation and to present a defense ( see People v Hackett, 421 Mich. 338; 365 N.W.2d 120 (1984)); and (3) whether any error in excluding evidence of prior sexual abuse in this case was harmless. The parties should not submit mere restatements of their application papers.

The Criminal Law Section of the State Bar of Michigan, 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

Page 327

this case may move the Court for permission to file briefs amicus curiae.


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