People v. Franklin

• Decision Date: 30 March 2016
• Docket Number: Docket No. 152840.,COA No. 322655.
• Citation: People v. Franklin, 499 Mich. 886, 876 N.W.2d 572(Mem) (Mich. 2016)
• Court: Michigan Supreme Court
• Parties: PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Darius Lamarr FRANKLIN, Defendant–Appellant.

499 Mich. 886

876 N.W.2d 572 (Mem)

PEOPLE of the State of Michigan, Plaintiff–Appellee,

v.Darius Lamarr FRANKLIN, Defendant–Appellant.

Docket No. 152840.

COA No. 322655.

Supreme Court of Michigan.

March 30, 2016.

Order

On order of the Court, the application for leave to appeal the October 20, 2015 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing whether the Court of Appeals erred in concluding that Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), limited the trial court's discretion to order a hearing on the sufficiency of the affidavit...