People of Michigan v. Gary Michael Traver

Order Michigan Supreme Court
Lansing, Michigan
February 3, 2017 Stephen J. Markman,
Chief Justice
154494 Robert P. Young, Jr.
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Plaintiff-Appellant, Justices
v SC: 154494
COA: 325883
Mackinac CC: 2012-003474-FH
GARY MICHAEL TRAVER,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the August 2, 2016
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.305(H)(1).
The parties shall file supplemental briefs within 42 days of the date of this order
addressing: (1) whether the trial court erred by providing written instructions to the jury
on the elements of the charged offenses but not reading those instructions aloud to the
jury; (2) whether the trial court’s instructions on the charge of possession of a firearm
during the commission of a felony, MCL 750.227b, fairly presented the issues to be tried
and adequately protected the defendant’s rights; (3) whether the defendant waived any
instructional errors when his attorney expressed satisfaction with the instructions as
given, see People v Kowalski, 489 Mich. 488 (2011); (4) what standard of review this
Court should employ in reviewing the Court of Appeals decision to order an evidentiary
hearing on the ineffective assistance of counsel claim; and (5) whether the Court of
Appeals erred under the applicable standard when it ordered an evidentiary hearing for
defendant to establish the factual predicate for his claim that his trial counsel was
ineffective for failing to properly advise him of the potential consequences of
withdrawing his guilty plea. See MCR 7.211(C)(1)(a)(ii) and People v Ginther, 390
Mich. 436, 445 (1973). The parties should not submit mere restatements of their
application papers.
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.
February 3, 2017
t0131
Clerk