Order Michigan Supreme Court
Lansing, Michigan
November 23, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
152916 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 152916
COA: 321200
Genesee CC: 13-032919-FH
TMANDO ALLEN DENSON,
Defendant-Appellant.
_________________________________________/
By order of June 22, 2016, the prosecuting attorney was directed to answer the
application for leave to appeal the October 1, 2015 judgment of the Court of Appeals. On
order of the Court, the answer having been received, the application for leave to appeal is
again considered. We direct the Clerk to schedule oral argument on whether to grant the
application or take other action. MCR 7.305(H)(1). We further ORDER the Genesee
Circuit Court, in accordance with Administrative Order 2003-03, to determine whether
the defendant is indigent, and if so, to appoint Jonathan B.D. Simon, 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 following the
appointment of counsel addressing: (1) whether the trial court erred when it admitted
evidence under MRE 404(b) of the circumstances underlying defendant’s 2002
conviction for assault with intent to do great bodily harm and, if so, (2) whether the error
was harmless. The parties should not submit mere restatements of their application
papers.
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.
November 23, 2016
s1116
Clerk
People of Michigan v. Tmando Allen Denson
Combined Opinion