Order Michigan Supreme Court
Lansing, Michigan
October 2, 2020 Bridget M. McCormack,
Chief Justice
160968 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: 160968
COA: 340541
Wayne CC: 17-003509-FC
KELLIE NICHOLE STOCK,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the December 26, 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).
We further ORDER the Wayne Circuit Court, in accordance with Administrative
Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint
attorney Ian Kierpaul, if feasible, to represent the defendant in this Court. If this
appointment is not feasible, the trial court shall, within the same time frame, appoint
other counsel to represent the defendant in this Court.
The appellant shall file a supplemental brief within 42 days of the date of the order
appointing counsel addressing whether: (1) under People v Feezel, 486 Mich 184, 204-
212 (2010), the prosecution failed to present sufficient evidence that the defendant had
cocaine in her system at the time of the crash based only on the presence of a cocaine
metabolite in the defendant’s urine; and (2) defense counsel was ineffective for failing to
challenge the use of cocaine metabolites to establish intoxication. 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.
October 2, 2020
a0929
Clerk