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April 23, 2009

MSC Order List: April 22, 2009

On April 22, 2009, the Michigan Supreme Court denied leave to appeal in fourteen cases and held the case of People v. Lewis, Case No. 136622, in abeyance pending the United States Supreme Court's decision in Melendez-Diaz v. Massachusetts. Like Melendez-Diaz, Lewis concerns the issue of whether an autopsy report is testimonial under Crawford v. Washington. In Lewis, the Court must determine whether the defendant's Sixth Amendment right under the confrontation clause was violated where the trial court properly admitted an autopsy report, authored by two nontestifying medical examiners, through the testimony of a third medical examiner from the same lab. A copy of the Court's order can be found here.

In People v. Pinkey, Case No. 138550, in lieu of granting appeal, the Court remanded the case to the Berrien County Circuit Court for reconsideration of the conditions of the appeal bond. The Court ordered the trial court within 21 days to articulate the reasons for imposing a “24/7” curfew on the defendant. The trial court was further ordered to file copies of the transcript and any related documents with the clerk of the Supreme Court. The Court retained jurisdiction. A copy of the Court's order can be found here.

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