Opinion
SC 163224 COA 344834
12-22-2021
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. KEVIN LIONEL THOMPSON, JR., Defendant-Appellant.
Genesee CC: 16-039869-FC
Bridget M. McCormack, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
On order of the Court, the application for leave to appeal the May 6, 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: (1) whether trial counsel's performance was objectively unreasonable with respect to the appellant's polygraph examination and/or post-polygraph questioning, including the failure to establish the terms of the polygraph agreement in writing, to enforce the terms of the alleged agreement, and to testify regarding the terms of the agreement; and (2) whether the appellant was prejudiced or if he voluntarily waived his right to counsel with respect to the polygraph examination and/or post-polygraph questioning. The appellant's brief shall be filed by February 28, 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 Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys 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. 1