Order Michigan Supreme Court
Lansing, Michigan
February 3, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
151971 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 151971
COA: 320444
Ottawa CC: 13-037693-FC
JOSHUA LEE MOSHER,
Defendant-Appellant.
________________________________________/
On order of the Court, the application for leave to appeal the May 21, 2015
judgment of the Court of Appeals is considered. We DIRECT the Ottawa County
Prosecuting Attorney to answer the application for leave to appeal within 28 days after
the date of this order. The prosecutor shall specifically address whether the defendant
was sufficiently prejudiced by trial counsel’s failure to redact parts of the defendant’s
statement to the police, in which the interrogating officer expressed his belief of the
complainant, that an evidentiary hearing on the ineffective assistance of counsel is
warranted. See People v Ginther, 390 Mich 436 (1973); People v Musser, 494 Mich 337
(2013).
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.
February 3, 2016
a0127
Clerk