Thursday, March 29, 2012

Petition for certiorari on procedure for child testimony

I'm sorry for the delay, but I am posting now a petition for certiorari that I filed on March 8, in Rose v. Michigan, raising issues concerning the procedures for children's testimony. In this case, the child was allowed to testify at trial from behind a screen that quite obviously blocked her view of the accused. The Michigan court of appeals held this procedure permissible. People v. Rose, 808 N.W.2d 301 (2010). The state supreme court granted review and heard argument, but eventually decided not to rule on the merits; Justice Marilyn Kelly dissented from that decision. People v. Rose, 805 N.W.2d 827 (2011).

There is a clear conflict of state courts as to whether the procedure is unconstitutionally prejudicial. The petition raises this issue and also the broader question of whether Maryland v. Craig should be overruled.

You can see the petition here and the appendix (which includes the opinions in both the court of appeals and the state supreme court) here.

The state has asked for and received an extension until May 14 of its time to file a Brief in Opposition.