Opinion
370686
10-10-2024
PEOPLE OF MICHIGAN v. JUSTIN WILLIAM YELDER
LC No. 21-001809-01-FH
Christopher P. Yates Presiding Judge Mark T. Boonstra Sima G. Patel Judges
ORDER
On the Court's own motion pursuant to MCR 7.216(A)(7) and (A)(9), the prosecution is DIRECTED to file an answer to the application and to do so within 21 days of the entry of this order. In its answer, the prosecution should specifically address defendant's contentions that the existing trial transcripts are incomplete, with the testimony of the complainant having been omitted from the April 3, 2023 transcript. If so, the prosecution should also address whether, on information and belief, it would now be possible for the parties to obtain a corrected transcript, settle the record via a proper motion filed in the trial court, or reach a stipulation concerning the substance of the purportedly missing testimony. See generally MCR 7.210(A)(4); MCR 7.210(B)(2); People v Craig, 342 Mich.App. 217; 994 N.W.2d 792 (2022).
Also within 21 days of the entry of this order, defendant's appellate counsel, Robert S. Tomak, is DIRECTED to provide this Court with a copy of the pertinent body-camera footage mentioned in the application for leave to appeal.
The application for leave to appeal remains pending.