Opinion
SC: 161513 COA: 347400
11-29-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Robert YARBROUGH, Jr., Defendant-Appellant.
Order
By order of December 28, 2020, the application for leave to appeal the April 30, 2020 judgment of the Court of Appeals was held in abeyance pending the decision in People v Kabongo , 507 Mich –––– (2021) (Docket No. 159346). On order of the Court, the case having been decided on May 20, 2021, the application is again considered, and it is GRANTED.
We ORDER the Wayne Circuit Court, in accordance with Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint attorney Robert S. Tomak, if feasible, to represent the defendant in this Court. If this appointment is not feasible, the trial court shall appoint other counsel to represent the defendant in this Court.
The appellant shall file a supplemental brief within 42 days of the date of the order appointing counsel or by February 28, 2022 whichever is later, addressing: (1) whether the erroneous denial of a defendant's peremptory challenge is reviewed for harmless error, is subject to automatic reversal, or is subject to some different standard of review, see People v Kabongo , 507 Mich –––– (2021) (Docket No. 159346); and (2) if harmless error applies, who bears the burden of proving that the error was harmless. The time for filing the remaining briefs shall be as set forth in MCR 7.312(E). The time allowed for oral argument shall be 20 minutes for each side. MCR 7.314(B)(1).
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.