Order Michigan Supreme Court
Lansing, Michigan
July 2, 2020 Bridget M. McCormack,
Chief Justice
160060 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: 160060
COA: 341147
Berrien CC: 2017-015329-FH
JUAN MARTINEZ, III,
Defendant-Appellant.
_________________________________________/
By order of February 4, 2020, the prosecuting attorney was directed to answer the
application for leave to appeal the June 18, 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 the trial court erred by granting the
prosecution’s motion in limine to bar the defendant from presenting evidence of an
alleged prior threat by the complainant to report an assault; and (2) if so, whether the
error was prejudicial. 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 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.
July 2, 2020
a0630
Clerk