People of Michigan v. Terrance Anthony Furline ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
January 23, 2019 Bridget M. McCormack,
Chief Justice
158296 & (53) David F. Viviano,
Chief Justice Pro Tem
158298
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellant/ Elizabeth T. Clement
Cross-Appellee, Megan K. Cavanagh,
Justices
v SC: 158296
COA: 335906
Saginaw CC: 16-042043-FH
TERRANCE ANTHONY FURLINE,
Defendant-Appellee/
Cross-Appellant.
_________________________________________/
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellant,
v SC: 158298
COA: 336203
Saginaw CC: 16-042044-FH
ALVIN BERNARD JENKINS, SR.,
Defendant-Appellee.
_________________________________________/
On order of the Court, the applications for leave to appeal the July 3, 2018
judgment of the Court of Appeals and the application for leave to appeal as
cross-appellant are considered. We direct the Clerk to schedule oral argument on the
plaintiff’s applications. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this
order addressing whether the Court of Appeals clearly erred in its application of the
principles of People v Hana, 447 Mich. 325 (1994), to the defendants’ motions for
separate trials. 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 appellees shall file
supplemental briefs within 21 days of being served with the appellant’s brief. The
appellees shall also electronically file appendices, 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 respective appellee’s brief. The parties should
not submit mere restatements of their application papers.
2
The total time allowed for oral argument shall be 40 minutes: 20 minutes for the
appellant, and 20 minutes for the appellees, to be divided at their discretion. MCR
7.314(B)(2).
The application for leave to appeal as cross-appellant remains pending.
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.
January 23, 2019
t0116d
Clerk