Order Michigan Supreme Court
Lansing, Michigan
May 1, 2020 Bridget M. McCormack,
Chief Justice
160661 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra
Plaintiff-Appellee, Richard H. Bernstein
Elizabeth T. Clement
v SC: 160661 Megan K. Cavanagh,
Justices
COA: 348079
Oakland CC: 2018-266476-FH
CLEOPHAS ANDREW BROWN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 15, 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 whether: (1) in a prosecution for carrying a concealed weapon under MCL
750.227(2), the prosecutor must establish that the defendant had notice under MCL
28.428 that his concealed pistol license had been suspended or revoked; and (2) the Court
of Appeals erred in determining that if notice is required, the evidence demonstrated that
the defendant was served with adequate notice that he could not legally possess a concealed
pistol. 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
p0428
Clerk