Opinion
SC: 156198 COA: 328956
12-27-2017
PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Alphonso L. STRAUGHTER, Jr., Defendant-Appellee.
Order
On order of the Court, the application for leave to appeal the April 11, 2017 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).
The appellant shall file a supplemental brief within 42 days of the date of this order addressing: (1) whether the harmless error tests articulated in MCR 2.613 and MCL 769.26 apply to violations of the habitual offender notice requirements set forth in MCL 769.13, compare People v. Cobley, 463 Mich. 893, 618 N.W.2d 768 (2000), with People v. Johnson, 495 Mich. 919, 840 N.W.2d 373 (2013) ; (2) whether the prosecutor may establish that a defendant received a habitual offender notice at any time before the 21–day time limit in MCL 769.13 by any means other than a proof of service; and (3) whether providing a habitual offender notice in district court satisfies the requirement set forth in MCL 769.13 that the habitual offender notice be served within 21 days after the defendant's arraignment on the information. In addition to the brief, the appellant shall electronically file an appendix conforming to MCR 7.312(D)(2). 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. The appellee shall also electronically file an appendix, or in the alternative, stipulate to the use of the appendix filed by the appellant. 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.