Opinion
SC 164133 COA 352056
10-05-2022
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. DANIEL ALBERT LOEW, Defendant-Appellant.
Allegan CC: 18-021709-FC
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
On order of the Court, the application for leave to appeal the January 13, 2022 judgment of the Court of Appeals is considered, and it is GRANTED, limited to the issues of judicial misconduct alleged in Issue II of the defendant's application for leave to appeal. The parties shall include among the issues to be briefed: (1) whether the Court of Appeals correctly concluded that the ex parte communications in this case did not violate Canon 3(A)(4)(a)(i) of the Code of Judicial Conduct because they were merely administrative in nature; (2) whether a trial court may properly grant a new trial in a criminal case based on an appearance of impropriety where Canon 3(A)(4) governs the conduct at issue, see In re Haley, 476 Mich. 180, 194-195 (2006); (3) if the ex parte communications here give rise to legal error for either a violation of Canon 3(A)(4)(a) or an appearance of impropriety, whether the standard for ascertaining reversible prejudice requires a showing of actual harm to the defense, or is instead determined by weighing other factors as well, see, e.g., Liljeberg v Health Servs Acquisition Corp, 486 U.S. 847 (1988); and (4) whether the defendant is entitled to a new trial under MCR 2.003 or constitutional guarantees of due process of law. The time allowed for oral argument shall be 20 minutes for each side. MCR 7.314(B)(1).
Amici who appeared at the application stage are invited to file supplemental briefs amicus curiae. 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.