Order Michigan Supreme Court
Lansing, Michigan
March 30, 2018 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
156223 David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
Elizabeth T. Clement,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 156223
COA: 327296
Kalamazoo CC: 2014-000714-FC
BRIAN KEITH ROBERTS,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the June 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 whether the Court of Appeals correctly held that the defendant was
denied the effective assistance of trial counsel. Strickland v Washington, 466 US 668;
104 S Ct 2052; 80 L Ed 2d 674 (1984). 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 30, 2018
s0327
Clerk