Order Michigan Supreme Court
Lansing, Michigan
November 1, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
155361 David F. Viviano
Richard H. Bernstein
Joan L. Larsen
PEOPLE OF THE STATE OF MICHIGAN, Kurtis T. Wilder,
Plaintiff-Appellee, Justices
v SC: 155361
COA: 329016
Mason CC: 15-002928-FC
BENJAMIN MICHAEL BENTZ,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the December 29, 2016
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 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this
order addressing the defendant’s claims of ineffective assistance of counsel, including
whether defense counsel’s failure to object to the testimony of Dr. N. Debra Simms fell
below an objective standard of reasonableness, and whether there is a reasonable
probability that the outcome of the defendant’s trial would have been different. In
addition to the brief, the appellant shall electronically file an appendix containing the
items listed at MCR 7.312(D)(2). 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.
s
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.
November 1, 2017
1025
Clerk