People of Michigan v. Raymond Charles Pierson

On order of the Court, the application for leave to appeal the September 12, 2017 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). We further ORDER the Washtenaw Circuit Court, in accordance with Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint the State Appellate Defender Office, if feasible, to represent the defendant in this Court. If this appointment is not feasible, the trial court shall, within the same time frame, appoint other counsel to represent the defendant in this Court. The appellant shall file a supplemental brief within 42 days of the date of the order appointing counsel addressing whether: (1) defendant was denied the right to a fair trial when the trial court informed the jury that his confession to police had already been reviewed by the court and had been held admissible, see People v. Kincaid , 136 Mich. App. 209 , 215-216, 356 N.W.2d 4 (1984) ; People v. Gilbert , 55 Mich. App. 168 , 172-173, 222 N.W.2d 305 (1974) ; and (2) to the extent that the trial court erred, whether that error was harmless, People v. Corbett , 97 Mich. App. 438 , 442, 296 N.W.2d 64 (1980) ; People v. Mathis , 75 Mich. App. 320 , 324, 255 N.W.2d 214 (1977). 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.