Order Michigan Supreme Court
Lansing, Michigan
September 17, 2014 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
149259 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
Justices
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellant,
v SC: 149259
COA: 314342
Wayne CC: 12-005176-FC
BRANDON LEWIS CAIN,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the May 2, 2014 order of
the Court of Appeals is considered, and it is GRANTED. The parties shall address
whether the Court of Appeals erred in determining that the failure to properly swear the
jury, even in the absence of a timely objection, is a structural error requiring a new trial.
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association 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.
September 17, 2014
s0910
Clerk