Opinion
SC: 160534 COA: 349547
03-03-2020
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Latausha SIMMONS, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the July 30, 2019 order of the Court of Appeals is considered. We DIRECT the Macomb County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. In particular, the prosecuting attorney shall address: (1) whether the circuit court erred in concluding that the defendant failed to serve her claim of appeal in light of the proofs of service and other evidence in the record; (2) whether service of process of the claim of appeal was required to vest the circuit court with jurisdiction to enter an order of acquittal; and (3) whether the prohibition against double jeopardy (see U.S. Const., Am. V and Const. 1963, art. 1, § 15 ) applies in this case to protect the defendant against a second prosecution for the same offense after the circuit court initially declared the defendant innocent and entered an order of acquittal.
The application for leave to appeal remains pending.