People of Michigan v. Larry Gerald Mead

Order Michigan Supreme Court
Lansing, Michigan

March 28, 2018 Stephen J. Markman,
Chief Justice

156376 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Kurtis T. Wilder
Plaintiff-Appellee, Elizabeth T. Clement,
v SC: 156376 Justices
COA: 327881
Jackson CC: 14-004482-FH
LARRY GERALD MEAD,
Defendant-Appellant.
_________________________________________/

On order of the Court, the application for leave to appeal the August 8, 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 Jackson Circuit Court, in accordance with Administrative Order
2003-03, to determine whether the defendant is indigent and, if so, to appoint attorney
Michael A. Faraone, 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 appellant shall file a supplemental brief within 42 days of the date of the order
appointing counsel addressing: (1) whether Illinois v Rodriguez, 497 US 177, 181, 183-
189; 110 S Ct 2793; 111 L Ed 2d 148 (1990), should control the resolution of the
question whether the police officer had lawful consent to search the backpack found in
the vehicle; (2) whether the record demonstrates that the officer reasonably believed that
the driver had common authority over the backpack in order for the driver’s consent to
justify the search; and (3) whether there are any other grounds upon which the search
may be justified or the evidence may be deemed admissible. 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.

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.
March 28, 2018
p0321
Clerk