Order Michigan Supreme Court
Lansing, Michigan
May 26, 2021 Bridget M. McCormack,
Chief Justice
161746 Brian K. Zahra
David F. Viviano
Richard H. Bernstein
Elizabeth T. Clement
Megan K. Cavanagh
PEOPLE OF THE STATE OF MICHIGAN, Elizabeth M. Welch,
Plaintiff-Appellee, Justices
v SC: 161746
COA: 352449
Genesee CC: 08-024090-FC
GEOFFREY LAVAR LAWSON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 6, 2020 order of
the Court of Appeals is considered. We DIRECT the Genesee County Prosecuting
Attorney to answer the application for leave to appeal within 28 days after the date of this
order. In particular, the prosecuting attorney shall address: (1) whether the presumption
of prejudice to a defendant from a substantive communication with a jury outside the
presence of defense counsel applies when such a claim is brought in a motion for relief
from judgment, compare People v France, 436 Mich 138, 143 (1990), with MCR
6.508(D)(3)(b); and (2) if such a presumption applies here, whether trial counsel’s
statement that he had no objection to the court providing the written jury instruction
effectively rebuts that presumption or whether an evidentiary hearing must be held.
The application for leave to appeal remains pending.
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 26, 2021
b0519
Clerk
People of Michigan v. Geoffrey Lavar Lawson
Combined Opinion