PEOPLE v. FACKELMAN, 486 Mich. 907 (2010)

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. CHARLES V. FACKELMAN, Defendant-Appellant.

No. 139856.Supreme Court of Michigan.
April 30, 2010.

Court of Appeals No. 284512.

Leave to Appeal Granted.

The parties shall include among the issues to be briefed: (1) whether the content of the psychiatric evaluation report of Dr. Shahid as referenced by expert witnesses at trial was testimonial in nature, within the rule of Crawford v Washington, 541 US 36; 124 S Ct 1354; 158 L Ed 2d 177
(2004); (2) whether the introduction of Dr. Shahid’s opinion regarding the defendant’s mental state constituted impermissible hearsay; and (3) if the answer to either question (1) or (2) is in the affirmative, whether either error was harmless.

The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys 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.

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