COA: 230811, Saginaw CC: 00-018277-FC
By order of October 23, 2001, this case was remanded to the Saginaw Circuit Court for a "good cause" determination under MCR 6.201(I). The Saginaw Circuit Court having responded by order of February 6, 2002, the application for leave to appeal from the May 25, 2001 decision of the Court of Appeals is again considered, and it is GRANTED. Among the issues to be briefed are: (1) whether MCR 6.201 or MCL 767.94a allows a trial court to compel creation of a report from a proposed defense expert witness; (2) whether the court rules authorize a trial court to compel disclosure of a defense; (3) whether the court rule, MCR 6.201, or the statute, MCL 767.94a, controls discovery in a criminal case; and (4) whether MRE 705 gives the trial court discretion to order disclosure of a defense expert's opinion. The motion for leave to file a brief amicus curiae is also considered, and it is GRANTED.