Opinion
SC: 154684 COA: 325806
09-27-2018
Order
By order of September 12, 2017, the application for leave to appeal the September 13, 2016 judgment of the Court of Appeals was held in abeyance pending the decision in People v. Chatman (Docket No. 155184 ). On order of the Court, leave to appeal having been denied in Chatman on March 9, 2018, 501 Mich. 1011, 907 N.W.2d 600 (2018), the application is again considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this order addressing whether it is reasonably likely that the trial court’s questioning of witnesses improperly influenced the jury by creating the appearance of advocacy or partiality against a party. See People v. Stevens , 498 Mich. 162, 869 N.W.2d 233 (2015). 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.