Opinion
Docket No. 149040. COA No. 314980.
2015-01-30
PEOPLE of the State of Michigan, Plaintiff–Appellant, v. Mantrease Datrell SMART, Defendant–Appellee.
Prior report: 304 Mich.App. 244, 850 N.W.2d 579.
Order
On January 13, 2015, the Court heard oral argument on the application for leave to appeal the February 11, 2014 judgment of the Court of Appeals. On order of the Court, the application is again considered. MCR 7.302(H)(1). As the parties concede, MRE 410(4) does not require that a statement made during plea discussions be made in the presence of an attorney for the prosecuting authority. It only requires that the defendant's statement be made “in the course of plea discussions” with the prosecuting attorney. Therefore, in lieu of granting leave to appeal, we OVERRULE the Court of Appeals statement to the contrary in People v. Hannold, 217 Mich.App. 382, 391, 551 N.W.2d 710 (1996). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.