Categories: Michigan Supreme Court Opinions

PEOPLE v. PHILLIPS, 468 Mich. 944 (2003)

664 N.W.2d 223

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. BENJAMIN A. PHILLIPS, Defendant-Appellant.

No. 122021 (67).Supreme Court of Michigan.
July 3, 2003.

COA: 230897, Wayne CC: 99-009754

The defendant filed a delayed application for leave to appeal and this Court directed the prosecutor to respond. We have reviewed the prosecutor’s response to the April 16, 2003 order. The delayed application for leave to appeal the May 28, 2002 judgment of the Court of Appeals is again considered, and it is GRANTED.

The parties are directed to address the retroactivity of People v Cornell, 466 Mich. 335 (2002), and shall also include among the issues to be briefed; whether MCL 767.76 allows the trial court to amend the information after the close of proofs to charge a cognate offense; whether such an amendment after the close of proofs is constitutional in light of Schmuck v United States, 489 U.S. 705, 718 (1989); and if such an amendment after the close of proofs is unconstitutional, whether the error could have been and was harmless.

We further order the Wayne Circuit Court, in accordance with Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint counsel to represent the defendant in this Court.

jdjungle