Order Michigan Supreme Court
Lansing, Michigan
May 1, 2020 Bridget M. McCormack,
Chief Justice
160707 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra
Plaintiff-Appellee, Richard H. Bernstein
v SC: 160707 Elizabeth T. Clement
COA: 336050 Megan K. Cavanagh,
Justices
Wayne CC: 04-004270-FC
GREGORY CARL WASHINGTON,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the September 17, 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).
The appellant shall file a supplemental brief within 42 days of the date of this
order addressing: (1) whether the trial court’s act of resentencing the defendant while an
application for leave to appeal was pending in this Court constituted a defect in subject-
matter jurisdiction; and (2) if so, whether defects in subject-matter jurisdiction can be
challenged in a successive motion for relief from judgment. Compare MCR 6.502(G)(2)
(only permitting a second or subsequent motion for relief from judgment if it is based on
a retroactive change in the law or on a claim of new evidence) and In re Ives, 314 Mich
690, 696 (1946) (“The question of jurisdiction of the subject-matter may be raised at any
time.”). 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.
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.
May 1, 2020
t0428
Clerk