Opinion
SC: 160339 COA: 327491
05-06-2020
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Darrell WILDER, a/k/a Darrell John Wilder, a/k/a Darrell J. Wilder, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the August 13, 2019 judgment of the Court of Appeals is 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 the harmless error test of People v. Lukity , 460 Mich. 484, 596 N.W.2d 607 (1999), should be refined or amended in all cases, see generally People v. Parsley , 500 Mich. 1033, 1033, 897 N.W.2d 742 (2017) ( LARSEN , J., concurring), or where the question turns on the evaluation of conflicting testimony at trial. 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.
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 issue presented in this case may move the Court for permission to file briefs amicus curiae.