Order Michigan Supreme Court
Lansing, Michigan
November 21, 2018 Stephen J. Markman,
Chief Justice
156189 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,
Justices
v SC: 156189
COA: 332190
TRAVIS TRAVON SAMMONS, Saginaw CC: 15-041848-FC
Defendant-Appellant.
_____________________________________/
By order of April 4, 2018, the prosecuting attorney was directed to answer the
application for leave to appeal the July 6, 2017 judgment of the Court of Appeals. On
order of the Court, the answer having been received, the application for leave to appeal is
again considered, and we direct the Clerk to schedule oral argument on the application.
MCR 7.305(H)(1).
We further ORDER the Saginaw Circuit Court, in accordance with Administrative
Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint
attorney Christine DuBois, 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 whether (1) the show-up identification procedure was
impermissibly suggestive, see People v Kurylczyk, 443 Mich 289, 303-306 (1993); (2) if
so, whether the identification was nonetheless sufficiently reliable so that it was properly
admitted, Perry v New Hampshire, 565 US 228, 238-239 (2012); and (3) if improperly
admitted, whether it is more probable than not that the erroneous admission of the
identification through the detective’s testimony affected the outcome of the trial. People
v Lukity, 460 Mich 484, 496 (1999).
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
2
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.
November 21, 2018
a1114
Clerk