Order Michigan Supreme Court
Lansing, Michigan
January 24, 2018 Stephen J. Markman,
Chief Justice
156408 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Kurtis T. Wilder
Plaintiff-Appellant, Elizabeth T. Clement,
Justices
v SC: 156408
COA: 330359
Berrien CC: 2014-004247-FH
KEVIN PATRICK KAVANAUGH,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the July 6, 2017
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 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this
order addressing: (1) what deference should be accorded to the trial court’s factual
findings where a recording of events under consideration is available to an appellate
court; (2) what evidence may be considered in determining whether there was clear error
in the trial court’s factual findings; and (3) what standard of review is to be applied under
such circumstances. In addition to the brief, the appellant shall electronically file an
appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must
provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall
file a supplemental brief within 21 days of being served with the appellant’s brief. The
appellee shall also electronically file an appendix, or in the alternative, stipulate to the use
of the appendix filed by the appellant. A reply, if any, must be filed by the appellant
within 14 days of being served with the appellee’s brief. 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 issues 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.
January 24, 2018
p0117
Clerk