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PEOPLE of the State of Michigan, Plaintiff-Appellee, v. James David URBAN, Defendant-Appellant.

Michigan Supreme Court2018-07-06No. SC: 156458; COA: 332734
913 N.W.2d 335

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Opinion

majority opinion

On order of the Court, the application for leave to appeal the August 31, 2017 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 Court of Appeals in People v. Coy , 243 Mich. App. 283, 302, 620 N.W.2d 888 (2000), set forth the appropriate standard for the admission of a potential DNA match when it held that some qualitative or quantitative interpretation must accompany evidence of the potential match, (2) if not, what standard should govern the admission of a potential DNA match, and (3) whether, under the appropriate standard, the potential DNA match was properly admitted in this case, where the experts report indicated that the match was supported to a reasonable degree of scientific certainty. 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.