People v. Stock

948 N.W.2d 596 (Mem)

PEOPLE of the State of Michigan, Plaintiff-Appellee,

v.Kellie Nichole STOCK, Defendant-Appellant.

SC: 160968

COA: 340541

Supreme Court of Michigan.

October 2, 2020

Order

On order of the Court, the application for leave to appeal the December 26, 2019 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).

We further ORDER the Wayne Circuit Court, in accordance with Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint attorney Ian Kierpaul, if feasible, to represent the defendant in this Court. If this appointment is not feasible, the trial court shall, within the same time frame, appoint other counsel to represent the defendant in this Court.

The appellant shall file a supplemental brief within 42 days of the date of the order appointing counsel addressing whether: (1) under People v. Feezel , 486 Mich. 184, 204-212, 783 N.W.2d 67 (2010), the prosecution failed to present sufficient evidence that the defendant had cocaine in her system at the time of the crash based only on the presence of a cocaine metabolite in the defendant's urine; and (2) defense counsel was ineffective for failing to challenge the use of cocaine metabolites to establish intoxication. 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...