Order Michigan Supreme Court
Lansing, Michigan
June 10, 2010 Marilyn Kelly,
Chief Justice
140744 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway,
Plaintiff-Appellant, Justices
v SC: 140744
COA: 288466
Jackson CC: 08-004046-FH
TERRY LEE BRANDT,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the January 28, 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 peremptory action. MCR
7.302(H)(1). At oral argument, the parties shall address whether points for abuse of
authority status against a vulnerable victim may be assessed for Offense Variable 10,
MCL 777.40(3)(c) and (d), where the defendant was a financial officer for a credit union
and embezzled funds from that financial institution. They may file supplemental briefs
within 56 days of the date of this order, but they should not submit mere restatements of
their application papers.
We further ORDER the Jackson Circuit Court, in accordance with Administrative
Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint the
State Appellate Defender Office to represent the defendant in this Court.
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, 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.
June 10, 2010 _________________________________________
p0603 Clerk