On order of the Court, the application for leave to appeal the June 1, 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 defendant's convictions under MCL 750.82 and MCL 750.84 violate double jeopardy; (2) whether MCL 750.82 and MCL 750.84 contain contradictory and mutually exclusive provisions such that the Legislature did not intend a defendant to be convicted of both crimes for the same conduct, compare People v. Miller , 498 Mich. 13, 18-26, 869 N.W.2d 204 (2015) with People v. Doss , 406 Mich. 90, 96-99, 276 N.W.2d 9 (1979) ; (3) whether the Court of Appeals in People v. Davis , 320 Mich. App. 484, 905 N.W.2d 482 (2017), erred in recognizing a rule against mutually exclusive verdicts in Michigan, see generally United States v. Powell , 469 U.S. 57, 69 n. 8, 105 S.Ct. 471, 83 L.Ed.2d 461 (1984) ; State v. Davis , 466 S.W.3d 49 (Tenn., 2015) ; and (4) whether that rule is applicable to the facts of this case.
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 appellant's 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 appellee's brief. The parties should not submit mere restatements of their application papers.
We direct the Clerk to schedule the oral argument in this case for the same future session of the Court when it will hear oral argument in People v. Davis (Docket No. 156406).
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.