¶1 Leave to Appeal Granted May 29, 2009:
¶2 The parties shall address whether the Court of Appeals erred in concluding: (1) that the trial court abused its discretion when it granted the defendant a new trial; (2) that there was no error in the admission of the police detective’s repeated testimony about the defendant’s failure to deny certain accusations and his act of departing from the police interview, see People v Bigge, 288 Mich 417 (1939); and (3) that the defendant waived any error when defense counsel expressed satisfaction with the trial court’s instructions to the jury. Court of Appeals No. 283934.