Order Michigan Supreme Court
Lansing, Michigan
January 24, 2020 Bridget M. McCormack,
Chief Justice
159612 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: 159612
COA: 340028
Wayne CC: 16-007780-FC
DEXTER BURRELL TAYLOR,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 26, 2019
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on the application. MCR 7.305(H)(1).
We further ORDER the Wayne Circuit Court, in accordance with Administrative
Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint
William Branch, 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: (1) whether the other-acts evidence offered to show a
common plan, scheme, or system contained a “striking similarity” to the charged act as
required by People v Denson, 500 Mich 385, 403 (2017); (2) whether the other-acts
evidence was admissible under the “doctrine of chances,” see People v Mardlin, 487 Mich
609, 616-617 (2010); and (3) if the evidence was not offered for a proper purpose, whether
its admission was harmless.
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
2
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.
January 24, 2020
p0121
Clerk