People of Michigan v. Erick Rosean Allen

• Court: Michigan Supreme Court
• Decided: May 1, 2020
• Docket: 160594
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

May 1, 2020 Bridget M. McCormack, Chief Justice

160594 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra Richard H. Bernstein PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement Plaintiff-Appellee, Megan K. Cavanagh, Justices v SC: 160594 COA: 343225 Monroe CC: 17-243894-FH ERICK ROSEAN ALLEN, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the October 1, 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: (1) whether this Court’s holding in People v Idziak, 484 Mich 549 (2009), encompasses parolees who are arrested for a new offense but are not subject to a parole detainer; if so, (2) whether that part of Idziak’s holding was correctly decided; and (3) whether the appellant has established plain error affecting his substantial rights. 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 Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys 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. May 1, 2020 s0428 Clerk