People of Michigan v. Terry Nunley ( 2011 )

Order Michigan Supreme Court
Lansing, Michigan
December 21, 2011 Robert P. Young, Jr.,
Chief Justice
144036 & (51) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellant, Justices
v SC: 144036
COA: 302181
Washtenaw CC: 10-001573-AR
TERRY NUNLEY,
Defendant-Appellee,
and
ATTORNEY GENERAL,
Intervenor.
_________________________________________/
On order of the Court, the Attorney General’s motion to enlarge the record on
appeal is GRANTED. The application for leave to appeal the October 13, 2011 judgment
of the Court of Appeals is considered, and it is GRANTED. The parties shall address
whether the Court of Appeals erred when it held that the Department of State certificate
of mailing is testimonial in nature and thus that its admission, without accompanying
witness testimony, would violate the Confrontation Clause. See Crawford v Washington,
541 US 36; 124 S Ct 1354; 158 L Ed 2d 177 (2004); Melendez-Diaz v Massachusetts,
557 US __; 129 S Ct 2527; 174 L Ed 2d 314 (2009); and Bullcoming v New Mexico, 564
US __; 131 S Ct 2705; 180 L Ed 2d 610 (2011).
The Criminal Defense Attorneys of Michigan 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.
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.
December 21, 2011 _________________________________________
p1214 Clerk