in Re K Farris Minor ( 2014 )

Order Michigan Supreme Court
Lansing, Michigan
September 19, 2014 Robert P. Young, Jr.,
Chief Justice
147636 & (60) Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
SC: 147636 David F. Viviano,
In re K. FARRIS, Minor. COA: 311967 Justices
Antrim CC Family Division:
10-005512-NA
_______________________________________/
By order of October 23, 2013, the application for leave to appeal the August 8,
2013 judgment of the Court of Appeals was held in abeyance pending the decision in In
re Sanders (Docket No. 146680). On order of the Court, the case having been decided on
June 2, 2014, 495 Mich 394 (2014), the application is again considered, and it is
GRANTED, limited to the issues: (1) whether and to what extent the collateral attack
analysis in In re Hatcher, 443 Mich 426 (1993), extends to the due process issues
disposed of by Sanders; (2) whether the Court of Appeals properly applied the plain error
standard of review in light of Hatcher; (3) to the extent a collateral attack is permissible,
whether the Court’s decision in Sanders applies retroactively to this case; and (4) if so,
what is the appropriate remedy.
The Legal Services Association of Michigan and Michigan State Planning Body
for the Delivery of Legal Services to the Poor, American Civil Liberties Union Fund of
Michigan, State Bar of Michigan Family Law and Children’s Law Sections, Michigan
Coalition to End Domestic and Sexual Violence, National Association of Counsel for
Children, UDM Juvenile Appellate Practice Clinic, and the Prosecuting Attorneys
Association 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.
The motion for peremptory reversal is DENIED.
I, Larry S. Royster, 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.
September 19, 2014
p0916
Clerk