People of Michigan v. Anthony Michael Owen

• Court: Michigan Supreme Court
• Decided: March 23, 2020
• Docket: 160150
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

March 23, 2020 Bridget M. McCormack, Chief Justice

160150 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein Plaintiff-Appellant, Elizabeth T. Clement Megan K. Cavanagh, Justices v SC: 160150 COA: 339668 Ionia CC: 2015-031675-AR ANTHONY MICHAEL OWEN, Defendant-Appellee.

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On order of the Court, the application for leave to appeal the July 23, 2019 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 whether the arresting deputy made an objectively reasonable mistake of law regarding the applicable speed limit that justified the traffic stop of the defendant’s vehicle. See Heien v North Carolina, 574 US 54 (2014). 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 and the Prosecuting Attorneys Association of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issue 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. March 23, 2020 t0318 Clerk