People of Michigan v. Justly Ernest Johnson ( 2017 )


Menu:
  • Order                                                                                        Michigan Supreme Court
    Lansing, Michigan
    November 1, 2017                                                                                     Stephen J. Markman,
    Chief Justice
    154128                                                                                                    Brian K. Zahra
    Bridget M. McCormack
    David F. Viviano
    Richard H. Bernstein
    Joan L. Larsen
    PEOPLE OF THE STATE OF MICHIGAN,                                                                        Kurtis T. Wilder,
    Plaintiff-Appellee,                                                                                       Justices
    v                                                                 SC: 154128
    COA: 311625
    Wayne CC: 99-005393-FC
    JUSTLY ERNEST JOHNSON,
    Defendant-Appellant.
    ____________________________________/
    On order of the Court, the application for leave to appeal the May 31, 2016
    judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
    address: (1) whether the trial court abused its discretion by declining to grant a new trial
    on grounds of newly discovered evidence, in light of the testimony of Charmous Skinner,
    Jr., at the post-conviction evidentiary hearing; (2) whether, even if the defendant’s
    previous claims of new evidence are barred under MCR 6.508(D)(2), the evidence on
    which those claims were based must still be considered in determining if the new
    evidence from Charmous Skinner, Jr., makes a different result probable on retrial, see
    People v Cress, 
    468 Mich 678
    , 692 (2003); and (3) whether trial counsel rendered
    constitutionally ineffective assistance by failing to interview Charmous Skinner, Jr., or
    call him as a witness at trial.
    We further ORDER that this case be argued and submitted to the Court together
    with the case of People v Scott (Docket No. 154130), at such future session of the Court
    as both cases are ready for submission. The time allowed for oral argument shall be 20
    minutes for each side. MCR 7.314(B)(1).
    MCCORMACK, J., not participating because of her prior involvement in this case as
    counsel for a party.
    WILDER, J., not participating because he was on the Court of Appeals panel that
    decided the defendant’s motion for peremptory reversal.
    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.
    November 1, 2017
    a1025
    Clerk
    

Document Info

Docket Number: 154128

Filed Date: 11/1/2017

Precedential Status: Precedential

Modified Date: 11/2/2017