Opinion
SC 164307 COA 353548
12-09-2022
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. MARQUIS DEANGELO NELSON, Defendant-Appellant.
Calhoun CC: 2019-002838-FH
Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
Elizabeth T. Clement, Chief Justice
By order of July 28, 2022, the prosecuting attorney was directed to answer the application for leave to appeal the February 24, 2022 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, and 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 Court of Appeals correctly held that only Officer Mikael Ziegler exceeded the scope of permissible drug profile testimony, and that Sergeant Kurt Roth did not; and (2) whether the Court of Appeals correctly applied the prejudice prongs of the analyses for plain error, see People v Carines, 460 Mich. 750, 763-764 (1999), and ineffective assistance of counsel, see Strickland v Washington, 466 U.S. 668, 694-695 (1984).
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.
The motion to file in pro per supplement is GRANTED.