Opinion
SC: 163073 COA: 351308
10-27-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Travis Michael JOHNSON, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the April 8, 2021 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
The appellant shall file a supplemental brief addressing whether MCL 769.1k(1)(b)(iii ) deprives criminal defendants of their right to appear before an impartial judge, see Tumey v. Ohio , 273 U.S. 510, 532, 47 S.Ct. 437, 71 L.Ed. 749 (1927), or otherwise prevents the judicial branch from "accomplishing its constitutionally assigned functions," see Nixon v. Administrator of General Services , 433 U.S. 425, 443, 97 S.Ct. 2777, 53 L.Ed.2d 867 (1977). The appellant's brief shall be filed by January 31, 2022, with no extensions except upon a showing of good cause. 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. 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 Michigan District Judges Association, the Criminal Defense Attorneys of Michigan, the Prosecuting Attorneys Association of Michigan, and the Detroit Justice Center are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issue presented in this case may move the Court for permission to file briefs amicus curiae.