People of Michigan v. Micheline Nicole Leffew ( 2020 )

Order Michigan Supreme Court
Lansing, Michigan
December 23, 2020 Bridget M. McCormack,
Chief Justice
David F. Viviano,
Chief Justice Pro Tem
161797
161805 Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
Elizabeth T. Clement
PEOPLE OF THE STATE OF MICHIGAN, Megan K. Cavanagh,
Justices
Plaintiff-Appellee,
v SC: 161797
COA: 343818
Arenac CC: 17-004120-FH
MICHELINE NICOLE LEFFEW,
Defendant-Appellant.
_________________________________________/
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v SC: 161805
COA: 344240
Arenac CC: 17-004119-FH
JEREMIAH JAMES LEFFEW,
Defendant-Appellant.
_________________________________________/
On order of the Court, the applications for leave to appeal the April 9, 2020
judgment of the Court of Appeals are considered. We direct the Clerk to schedule oral
argument on the applications. MCR 7.305(H)(1).
The appellants shall each file a supplemental brief within 42 days of the date of
this order addressing whether the common law affirmative defense of defense of others
may be raised as a defense to the felony and misdemeanor charges against them, see
People v Dupree, 486 Mich 693 (2010); People v Triplett, 499 Mich 52 (2016), and
whether trial defense counsels’ failure to request such an instruction deprived the
defendants of the effective assistance of counsel, see Strickland v Washington, 466 US
668 (1984). In addition to the brief, the appellants shall electronically file an appendix
conforming to MCR 7.312(D)(2). In the briefs, citations to the record must provide the
appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a
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supplemental brief within 21 days of being served with the appellants’ briefs. The
appellee shall also electronically file an appendix, or in the alternative, stipulate to the use
of the appendix filed by the appellants. Replies, if any, must be filed by the appellants
within 14 days of being served with the appellee’s brief. The parties should not submit
mere restatements of their application papers.
The total time allowed for oral argument shall be 40 minutes: 20 minutes for the
appellants to be divided at their discretion, and 20 minutes for the appellee. MCR
7.314(B)(2).
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association of Michigan are invited to file briefs amicus curiae. Other persons or groups
interested in the determination of the issues presented in these cases may move the Court
for permission to file briefs amicus curiae. Motions for permission to file briefs amicus
curiae and briefs amicus curiae regarding these cases should be filed in People v
Micheline Nicole Leffew, Docket No. 161797, only and served on the parties in both
cases.
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.
December 23, 2020
s1216
Clerk