Order Michigan Supreme Court
Lansing, Michigan
June 5, 2015 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Mary Beth Kelly
150857 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 150857
COA: 314579
Ingham CC: 11-000565-FC
YUMAR ANTONIO BURKS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the December 2, 2014
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 7.302(H)(1).
We ORDER the Ingham Circuit Court, in accordance with Administrative Order 2003-3,
to determine whether the defendant is indigent and, if so, to appoint attorney Daniel J.
Rust, if feasible, to represent the defendant in this Court. If this appointment is not
feasible, the trial court shall, within the same time frame, appoint other counsel to
represent the defendant in this Court.
The parties shall file supplemental briefs within 42 days of the date of the order
appointing appellate counsel addressing whether the trial court erred in refusing the
defendant’s request for a jury instruction on the offense of second-degree child abuse.
See People v Cornell, 466 Mich 335 (2002); People v Wilder, 485 Mich 35 (2010). The
parties should not submit mere restatements of their application papers.
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.
June 5, 2015
s0602
Clerk