People of Michigan v. Brandon James Harbison

911 N.W.2d 199

• Court: Michigan Supreme Court
• Decided: May 16, 2018
• Docket: SC: 157404; COA: 326105
• Status: Published

Opinion

On order of the Court, the application for leave to appeal the January 23, 2018 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 appellant shall file a supplemental brief within 42 days of the date of this order addressing whether the prosecution's admission of Dr. N. Debra Simms' expert testimony that the victim suffered "probable pediatric sexual abuse" violated this Court's decision in People v. Peterson, 450 Mich. 349 , 537 N.W.2d 857 (1995), and, if so, whether this was plain error requiring reversal of the defendant's convictions. 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.