On order of the Court, the application for leave to appeal the December 1, 2016 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: (1) whether the defendant is entitled to a new trial based on the trial judges comments to the jury in lieu of the standard deadlocked jury instruction, M Crim. JI 3.12 ; (2) whether Offense Variable 19 (OV 19), MCL 777.49, was improperly assigned 10 points for interference with the administration of justice, see People v. Hardy , 494 Mich. 430, 438, 835 N.W.2d 340 (2013), and People v. Adams , 430 Mich. 679, 689, 425 N.W.2d 437 (1988) ; and (3) if OV 19 was misscored, whether the defendant is entitled to resentencing before a different judge based on the judges verbal exchange with the defendant at sentencing. 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.
The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.