Order Michigan Supreme Court
Lansing, Michigan
December 7, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
153697 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 153697
COA: 324963
Van Buren CC: 14-019392-FC
JOSE L. GARCIA-MANDUJANO,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 15, 2016
judgment of the Court of Appeals is considered. We DIRECT the Van Buren County
Prosecuting Attorney to file a supplemental response to the application for leave to
appeal within 28 days after the date of this order. The prosecutor shall specifically
address: (1) whether the defendant was denied effective assistance of counsel where his
trial attorney failed to impeach the testimony of the physician’s assistant, that she used an
adult speculum on the complainant, with the witness’s report, which contained no
reference to the speculum; and (2) whether the defendant was prejudiced by trial
counsel’s failure to use the physician assistant’s report when cross-examining the
witness.
The application for leave to appeal remains pending.
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.
December 7, 2016
s1130
Clerk