in Re Christopher Ross Jr

• Court: Michigan Supreme Court
• Decided: January 29, 2020
• Docket: 158764
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

January 29, 2020 Bridget M. McCormack, Chief Justice

158764 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra In re CHRISTOPHER ROSS, JR., Minor Richard H. Bernstein _________________________________________ Elizabeth T. Clement Megan K. Cavanagh, Justices PEOPLE OF THE STATE OF MICHIGAN, Petitioner-Appellee, v SC: 158764 COA: 331096 Oakland CC Family Div: CHRISTOPHER ROSS, JR., 2014-826056-DL Respondent-Appellant.

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On order of the Court, the application for leave to appeal the August 21, 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 appeals from juvenile adjudications for criminal offenses are governed by the time limits for civil cases or by the time limits for criminal cases, see MCR 7.305(C)(2); (2) whether the standard for granting a new trial in a juvenile delinquency case is the same as the standard for granting a new trial in a criminal case, compare MCR 3.992(A) with MCR 6.431(B); (3) whether juveniles who claim a deprivation of their due process right to counsel must satisfy the two-part test set forth in Strickland v Washington, 466 US 668, 687 (1984); and (4) whether the Court of Appeals erred in reversing the trial court’s decision to grant the respondent a new trial based on evidence that trial counsel did not obtain or present.

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 2

within 14 days of being served with the appellee’s brief. The parties should not submit mere restatements of their application papers.

The Appellate Practice Section of the State Bar of Michigan, the Criminal Defense Attorneys of Michigan, the Prosecuting Attorneys Association of Michigan, the Juvenile Law Center, and the University of Michigan Law School Juvenile Justice Clinic 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. January 29, 2020 t0122 Clerk