People of Michigan v. James Lee
909 N.W.2d 828
Mich.
2018
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PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v. JAMES LEE, Defendant-Appellee.

SC: 157176; COA: 334308; Wayne CC: 16-001002-FC

Michigan Supreme Court

April 26, 2018

Stephen J. Markman, Chief Justice; Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Kurtis T. Wilder, Elizabeth T. Clement, Justices

Order

On order of the Court, the application for leave to appeal the December 14, 2017 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1).

The appellant shall file a supplemental brief within 42 days of the date of this order addressing whether there is sufficient evidence for a rational trier of fact to conclude beyond a reasonable doubt that the defendant committed an “act” as that term is used in MCL 750.136b(3)(b). In addition to the brief, the appellant shall electronically file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being served with the appellant‘s brief. The appellee shall also electronically file an appendix, or in the alternative, stipulate to the use of the appendix filed by the appellant. A reply, if any, must be filed by the appellant within 14 days of being served with the appellee‘s brief. The parties should not submit mere restatements of their application papers.

We direct the Clerk to schedule the oral argument in this case for the same future session of the Court when it will hear oral argument in .

The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issue presented in this case may move the Court for permission to file briefs amicus curiae.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

April 26, 2018

Clerk