PEOPLE v. LEONARD, 488 Mich. 916 (2010)

PEOPLE v. LEONARD.

No. 141825.Supreme Court of Michigan.
November 30, 2010.

Court of Appeals No. 299980.

[As amended by order of the Supreme Court entered.]

CORRIGAN, J.

I would sua sponte reconsider the prosecutor’s application for leave to appeal in light of a clerical error that was brought to the Court’s attention after our order denying leave to appeal entered on October 26, 2010. In this interlocutory appeal, the prosecutor argued that the trial court abused its discretion by excluding from trial videotaped interviews of the defendant by the police. Both the Court of Appeals and this Court denied the prosecutor’s applications for leave to appeal. I concurred in this Court’s decision in part because it appeared that the prosecutor had failed to provide copies of the videotapes to this Court for review. After our order denying leave entered, however, the prosecutor pointed out that he had offered copies of the tapes to the Court and had indicated their availability on the coversheet of the application. The Court then discovered that an internal filing error prevented the information concerning the tapes’ availability from being disseminated to the justices. Because the content of the tapes might affect my decision concerning whether the trial judge properly excluded them from trial, I would reconsider the prosecutor’s application in light of their availability.