By order released Wednesday, the Michigan Supreme Court closed the file on a proposal to require trial courts to become the depository for exhibits offered in evidence (whether those exhibits are admitted or not), instead of requiring parties to submit exhibits offered in evidence when a case is submitted to the Court of Appeals on a claim of appeal. ADM 2010-25 was supported by the State Bar.
The Court also issued an order seeking comment on a proposal to deny the withdrawal of a plea by defendant if the defendant and prosecutor agreed that the prosecutor will recommend particular sentence but the trial court chooses to impose sentence greater than the recommendation. The proposal would also clarify that a defendant's misconduct between time plea is accepted and defendant's sentencing can result in the defendant forfeiting the right to withdraw a plea in either a Cobbs or Killebrew case. Download ADM 2011-19. The comment period expires 3/01/13.
