Order Michigan Supreme Court
Lansing, Michigan
March 5, 2019 Bridget M. McCormack,
Chief Justice
156444 & (37)(38) David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 156444
COA: 337715
Wayne CC: 11-010003-FC
SHOKELLE REON McKAY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motions to supplement and amend are GRANTED. The
application for leave to appeal the July 21, 2017 order of the Court of Appeals is
considered. We DIRECT the defendant’s former appellate counsel, Suzanna Kostovski,
to file a supplemental brief within 28 days of the date of this order addressing why she
did not visit the defendant until days before the deadline for seeking direct appellate
review; and to indicate what, if any, pre-visit contact she had with the defendant. We
DIRECT the defendant’s former appellate counsel, Arthur Rubiner, to file a supplemental
brief within 28 days of the date of this order indicating what contact he had with
defendant, specifically in regards to the motions to withdraw the no contest plea filed in
the trial court; and addressing the reasons for his failure to file an application for leave to
appeal in the Court of Appeals.
The application for leave to appeal, motion to remand, motion for an evidentiary
hearing, and motion for peremptory reversal remain pending.
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 5, 2019
a0225
Clerk