Order Michigan Supreme Court
Lansing, Michigan
July 15, 2011 Robert P. Young, Jr.,
Chief Justice
142537 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellant, Justices
v SC: 142537
COA: 289343
Oakland CC: 2008-219989-FH
MALINI RAO,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the December 7, 2010
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.302(H)(1). At
oral argument, the parties shall address whether the 2009 x-rays and radiology report
constitute newly discovered evidence warranting a new trial, and whether the evidence, if
newly discovered, would have made a different result probable on retrial given the other
evidence implicating defendant as the cause of other injuries suffered by the child. The
parties may file supplemental briefs within 42 days of the date of this order, but they
should not submit mere restatements of their application papers.
I, Corbin R. Davis, 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 15, 2011 _________________________________________
t0712 Clerk