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PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Brandon James HARBISON, Defendant-Appellant.

Michigan Supreme Court2018-05-16No. SC: 157404; COA: 326105
911 N.W.2d 199

Authorities cited

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Opinion

majority opinion

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 prosecutions admission of Dr. N. Debra Simms expert testimony that the victim suffered probable pediatric sexual abuse violated this Courts decision in People v. Peterson, 450 Mich. 349, 537 N.W.2d 857 (1995), and, if so, whether this was plain error requiring reversal of the defendants 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 appellants 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 appellees brief. The parties should not submit mere restatements of their application papers.