People of Michigan v. Schuyler Dion Chenault ( 2013 )

Order Michigan Supreme Court
Lansing, Michigan
June 5, 2013 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
146523-4 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 146523-4
COA: 309384, 310456
Oakland CC: 2008-222726-FC
SCHUYLER DION CHENAULT,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 27, 2012
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether the Court of Appeals’ decision in
People v Lester, 232 Mich App 262, 281 (1998), correctly articulates what a defendant
must show to establish a Brady violation; (2) whether the Court of Appeals erred when it
reversed the trial court’s grant of a new trial, which was premised on the prosecution’s
violation of the rule from Brady v Maryland, 373 US 83; 83 S Ct 1194; 10 L Ed 2d 215(1963); and (3) whether trial counsel rendered ineffective assistance of counsel under
Strickland v Washington, 466 US 668; 104 S Ct 2052; 80 L Ed 2d 674 (1984), for failing
to exercise reasonable diligence after learning of the existence of the videotaped
interviews.
The Criminal Law Section of the State Bar of Michigan, 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
issues presented in this case may move the Court for permission to file briefs amicus
curiae.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
June 5, 2013
s0529
Clerk