People of Michigan v. Dannon Lewis Anes

• Court: Michigan Supreme Court
• Decided: November 26, 2014
• Docket: 149053
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

November 26, 2014 Robert P. Young, Jr., Chief Justice

149053 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano, Plaintiff-Appellee, Justices

v SC: 149053 COA: 311726 Allegan CC: 11-017191-FC DANNON LEWIS ANES, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the February 13, 2014 judgment of the Court of Appeals is considered. We DIRECT the Allegan County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. The prosecutor shall address: (1) whether evidence that the complainant was touching the defendant’s groin area or otherwise “grinding on” him was prior sexual conduct that was admissible under MCL 750.520j(1)(a), or as part of the res gestae, and (2) whether exclusion of evidence that the complainant was touching the defendant’s groin area or otherwise “grinding on” him violated the defendant’s right of confrontation under the United States and Michigan Constitutions. US Const, Am VI; Const 1963, art 1, § 20.

The application for leave to appeal remains pending.

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. November 26, 2014 h1119 Clerk