Order Michigan Supreme Court
Lansing, Michigan
Bridget M. McCormack,
Chief Justice
April 24, 2020
David F. Viviano,
Chief Justice Pro Tem
159194 Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
Elizabeth T. Clement
Megan K. Cavanagh,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 159194
COA: 338586
Eaton CC: 13-020404-FC
ERNESTO EVARISTO URIBE,
Defendant-Appellant.
_________________________________________/
By order of September 30, 2019, the prosecuting attorney was directed to answer
the application for leave to appeal the January 3, 2019 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). The appellant shall file a supplemental brief within 42
days of the date of this order addressing: (1) whether Dr. Guertin’s testimony about the
complainant’s statements to him was admissible under the medical treatment exception to
the hearsay rule, see People v Garland, 286 Mich App 1 (2009), and People v Shaw, 315
Mich App 668 (2016); (2) whether Dr. Guertin’s testimony was contrary to this Court’s
decision in People v Thorpe, 504 Mich 230 (2019), and/or People v Harbison, 504 Mich
230 (2019); and (3) if error occurred, whether reversal of the defendant’s convictions is
warranted.
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 Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association 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.
April 24, 2020
s0421
Clerk