Opinion
SC 162327 COA 346559
09-22-2021
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. FRANK KING, Defendant-Appellant.
Macomb CC: 2017-000895-FH
Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
Bridget M. McCormack, Chief Justice.
By order of April 27, 2021, the prosecuting attorney was directed to answer the application for leave to appeal the October 15, 2020 judgment of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
We further ORDER the Macomb Circuit Court, in accordance with Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint attorney Gerald Ferry, if feasible, to represent the defendant in this Court. If this appointment is not feasible, the trial court shall, within the same time frame, 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 December 20, 2021 whichever is later, addressing: (1) whether the Court of Appeals erred in concluding that the trial court's failure to comply with the requirements of People v Anderson, 398 Mich. 361 (1976) and MCR 6.005(D) did not warrant reversal; and (2) whether the standard of review for unpreserved constitutional errors set forth in People v Carines, 460 Mich. 750, 764 (1999), should apply where a criminal defendant argues on appeal that his waiver of counsel was invalid. 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 Attorney General, the Criminal Defense Attorneys of Michigan, and the Prosecuting Attorneys Association 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.