Opinion
SC: 165554 COA: 359535
09-29-2023
Chamar AVERY, Plaintiff-Appellant, v. STATE of Michigan, Defendant-Appellee.
Order
On order of the Court, the application for leave to appeal the March 2, 2023 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 parties shall file supplemental briefs in accordance with MCR 7.312(E), addressing: (1) whether the procedure used by the Court of Claims to try plaintiff's claim under the Wrongful Imprisonment Compensation Act (WICA), MCL 691.1751 et seq. , is permissible under the WICA; (2) whether the WICA required the Court of Claims to confine its review to plaintiff's new evidence; and (3) whether the Court of Claims erred in concluding that plaintiff failed to prove by clear and convincing evidence that he did not perpetrate the crime.