Order Michigan Supreme Court
Lansing, Michigan
June 5, 2020 Bridget M. McCormack,
Chief Justice
160775 David F. Viviano,
Chief Justice Pro Tem
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman
Plaintiff-Appellee, Brian K. Zahra
Richard H. Bernstein
v SC: 160775 Elizabeth T. Clement
COA: 332081 Megan K. Cavanagh,
Justices
Wayne CC: 15-005481-FH
JOEL EUSEVIO DAVIS,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the November 12, 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 defendant’s convictions under MCL 750.81a(3) and MCL
750.84 violate constitutional prohibitions against double jeopardy, see People v Miller, 498
Mich 13 (2015); and (2) if so, whether the defendant is entitled to relief. See People v
Carines, 460 Mich 750, 763 (1999). 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.
We direct the Clerk to schedule the oral argument in this case for the same future
session of the Court when it will hear oral argument in People v Wafer (Docket No.
153828).
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.
June 5, 2020
b0602
Clerk