People of Michigan v. Mason Alan Fuller

Michigan Supreme Court

People of Michigan v. Mason Alan Fuller

DecidedJanuary 29, 2014

Docket147093

StatusPublished

This text of People of Michigan v. Mason Alan Fuller (People of Michigan v. Mason Alan Fuller) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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People of Michigan v. Mason Alan Fuller, (Mich. 2014).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

January 29, 2014 Robert P. Young, Jr., Chief Justice

147093 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: 147093 COA: 314431 St. Joseph CC: 11-017611-FH MASON ALAN FULLER, Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the March 14, 2013 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, of the issue whether the police officers unlawfully expanded a “knock and talk” procedure by entering the defendant’s backyard and walking onto a wooden deck, which was attached to the home, and, if a constitutional violation occurred, whether the good-faith exception to the exclusionary rule applies under these facts. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.

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. January 29, 2014 p0122 Clerk

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Order Michigan Supreme Court Lansing, Michigan

January 29, 2014 Robert P. Young, Jr., Chief Justice

147093 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: 147093 COA: 314431 St. Joseph CC: 11-017611-FH MASON ALAN FULLER, Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the March 14, 2013 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, of the issue whether the police officers unlawfully expanded a “knock and talk” procedure by entering the defendant’s backyard and walking onto a wooden deck, which was attached to the home, and, if a constitutional violation occurred, whether the good-faith exception to the exclusionary rule applies under these facts. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.

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. January 29, 2014 p0122 Clerk

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People of Michigan v. Mason Alan Fuller, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-mason-alan-fuller-mich-2014.