People of Michigan v. Anthony Ray McFarlane Jr

Order Michigan Supreme Court
Lansing, Michigan
October 17, 2019 Bridget M. McCormack,
Chief Justice
158259 & (61) David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra
Plaintiff-Appellee, Richard H. Bernstein
Elizabeth T. Clement
v SC: 158259 Megan K. Cavanagh,
Justices
COA: 336187
Allegan CC: 14-018862-FC
ANTHONY RAY McFARLANE, JR.,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for leave to file brief amicus curiae is
GRANTED. The application for leave to appeal the August 7, 2018 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 within 42 days of the date of this
order addressing: (1) whether the prosecution’s medical expert invaded the province of
the jury by using phrases like “abusive head trauma” and “definite pediatric physical
abuse” to label her diagnosis; and (2) if so, whether the defendant has satisfied the plain
error standard set forth in People v Carines, 460 Mich 750, 763 (1999). 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 appellee shall file a supplemental brief within 21 days of
being served with the appellant’s brief. The appellee shall also electronically file an
appendix 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
appellee’s brief. The parties should not submit mere restatements of their application
papers.
The Criminal Defense Attorneys of Michigan, the Innocence Network, 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 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.
October 17, 2019
t1010
Clerk