People of Michigan v. Anthony Michael Owen ( 2020 )

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.
_________________________________________/
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 U.S. 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