Order Michigan Supreme Court
Lansing, Michigan
October 28, 2020 Bridget M. McCormack,
Chief Justice
160668-9 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: 160668-9 Megan K. Cavanagh,
Justices
COA: 342039; 342043
Macomb CC: 2016-000309-FH
JAMES CURTIS BECK, 2017-001376-FC
Defendant-Appellant.
_____________________________________/
By order of June 17, 2020, the prosecuting attorney was directed to answer the
application for leave to appeal the October 17, 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 defendant’s retrial in Docket No. 2016-000309-FH was barred by
the Double Jeopardy Clauses of the federal or state constitutions, US Const, Am V; Const 1963,
art 1, § 15; (2) if so, whether vacating his convictions in that case would also warrant a new trial,
resentencing, or any other remedy in the jointly tried case, Docket No. 2017-001376-FC; and (3)
whether the trial court improperly imposed a mandatory minimum sentence of 25 years for an act
of first-degree criminal sexual conduct (Count II) that was not charged as carrying such a
minimum. See Alleyne v United States, 570 US 99, 109-111 (2013); Apprendi v New Jersey, 530
US 466, 476, 478-479 (2000). 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.
October 28, 2020
t1021
Clerk