People of Michigan v. Brandon James Harbison , 911 N.W.2d 199 ( 2018 )

Order Michigan Supreme Court
Lansing, Michigan
May 16, 2018 Stephen J. Markman,
Chief Justice
157404 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
Elizabeth T. Clement,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 157404
COA: 326105
Allegan CC: 13-018686-FC
BRANDON JAMES HARBISON,
Defendant-Appellant.
_________________________________________/
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 (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.
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 16, 2018
p0509
Clerk