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People v. Muhammad

Supreme Court of Michigan

April 3, 2015

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
v.
FATEEN ROHN MUHAMMAD, Defendant-Appellant

COA: 317054. Ingham CC: 13-000161-FH.

Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.

ORDER

On order of the Court, the application for leave to appeal the July 29, 2014 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 7.302(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing: (1) whether the defendant's acknowledgement that he received a felony complaint that contained a habitual offender notice filed in district court satisfies the requirement set forth in MCL 769.13 that the habitual offender notice be served " within 21 days after the defendant's arraignment on the information charging the underlying offense or, if arraignment is waived, within 21 days after the filing of the information charging the underlying offense; " and (2) if not, the proper application of the harmless error tests articulated in MCR 2.613 and MCL 769.26 to violations of the habitual offender notice requirements set forth in MCL 769.13, compare People v Cobley, 463 Mich. 893; 618 N.W.2d 768 (2000), with People v Johnson, 495 Mich. 919; 840 N.W.2d 373 (2013). The parties should not submit mere restatements of their application papers.


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