Opinion
SC 163354 COA 351469
01-28-2022
CHARLES DALE PERRY, JR., Plaintiff-Appellant, v. STATE OF MICHIGAN, Defendant-Appellee.
Ct of Claims: 2018-000096-MZ
Bridget M. McCormack, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
On order of the Court, the application for leave to appeal the June 3, 2021 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 addressing whether new evidence "result[ed] in the reversal or vacation" of his criminal charges. MCL 691.1755(1)(c). In particular, the appellant shall address whether new evidence was relevant to the Court of Appeals' conclusion that he was entitled to a new trial on the basis of prosecutorial misconduct and ineffective assistance of counsel. People v Perry, unpublished per curiam opinion of the Court of Appeals, issued July 26, 1994 (Docket No. 136961). The appellant's brief shall be filed by March 28, 2022, with no extensions except upon a showing of good cause. 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. 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.
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.