Order Michigan Supreme Court
Lansing, Michigan
January 24, 2018 Stephen J. Markman,
Chief Justice
156648 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement,
Plaintiff-Appellant, Justices
v SC: 156648
COA: 336050
Wayne CC: 04-004270-FC
GREGORY CARL WASHINGTON,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the September 12, 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).
We further ORDER the Wayne Circuit Court, in accordance with Administrative Order
2003-03, to determine whether the defendant is indigent and, if so, to appoint counsel to
represent the defendant in this Court.
The appellant shall file a supplemental brief within 42 days of the date of this
order addressing: (1) whether the trial court’s action of resentencing the defendant while
an application for leave to appeal was pending in this Court was a jurisdictional defect,
and (2) if so, whether the defendant could properly raise the jurisdictional defect in a
successive motion for relief from judgment. 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, or the date of the order appointing counsel, whichever is later. 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.
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
t0117
Clerk