Order Michigan Supreme Court
Lansing, Michigan
April 26, 2018 Stephen J. Markman,
Chief Justice
157176 Brian K. Zahra
Bridget M. McCormack
PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano
Richard H. Bernstein
Plaintiff-Appellant, Kurtis T. Wilder
Elizabeth T. Clement,
v SC: 157176 Justices
COA: 334308
Wayne CC: 16-001002-FC
JAMES LEE,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the December 14, 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 there is sufficient evidence for a rational trier of fact to
conclude beyond a reasonable doubt that the defendant committed an “act” as that term is
used in MCL 750.136b(3)(b). 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.
We direct the Clerk to schedule the oral argument in this case for the same future
session of the Court when it will hear oral argument in People v Worth-McBride (Docket
No. 156430).
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 issue 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.
April 26, 2018
d0419t
Clerk