Order Michigan Supreme Court
Lansing, Michigan
November 1, 2019 Bridget M. McCormack,
Chief Justice
158652 & (49) 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: 158652
COA: 338030
Oakland CC: 2016-260154-FC
KRISTOPHER ALLEN HUGHES,
Defendant-Appellant.
_________________________________________/
By order of June 12, 2019, the prosecuting attorney was directed to answer the
application for leave to appeal the September 25, 2018 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. We direct the Clerk to schedule oral argument on the application.
MCR 7.305(H)(1). We further order the Oakland Circuit Court to appoint the State
Appellate Defender Office 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 the probable cause underlying the search
warrant issued during the prior criminal investigation authorized police to obtain all of the
defendant’s cell phone data; (2) whether the defendant’s reasonable expectation of privacy
in his cell phone data was extinguished when the police obtained the cell phone data in a
prior criminal investigation; (3) if not, whether the search of the cell phone data in the
instant case was within the scope of the probable cause underlying the search warrant
issued during the prior criminal investigation; (4) if not, whether the search of the cell
phone data in the instant case was lawful; and (5) whether trial counsel was ineffective for
failing to challenge the search of the cell phone data in the instant case on Fourth
Amendment grounds. 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.
2
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 1, 2019
b1029
Clerk