Opinion
SC: 154445 COA: 323741
04-27-2017
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Johnny Ray KENNEDY, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the July 26, 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). We further ORDER the Wayne Circuit Court, in accordance with Administrative Order 2003–03, to determine whether the defendant is indigent and, if so, to appoint the State Appellate Defender Office to represent the defendant in this Court.
The parties shall file supplemental briefs within 42 days of the date of the order appointing counsel addressing whether the trial court abused its discretion under MCL 775.15 and/or violated the defendant's constitutional right to present a defense when it denied his request to appoint a DNA expert. See People v. Tanner , 469 Mich. 437 (2003) ; Ake v. Oklahoma , 470 U.S. 68, 74 (1985) ("We hold that when a defendant has made a preliminary showing that his sanity at the time of the offense is likely to be a significant factor at trial, the Constitution requires that a State provide access to a psychiatrist's assistance on this issue if the defendant cannot otherwise afford one."); Moore v. State , 390 Md. 343, 364 (2005) ("The majority of courts have concluded that Ake extends beyond psychiatric experts.").