Opinion
No. 142537.
July 15, 2011.
Court of Appeals No. 289343.
Order Granting Oral Argument in Case Pending on Application for Leave to Appeal Entered July 15, 2011.
We direct the clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.302(H)(1). At oral argument, the parties shall address whether the 2009 x-rays and radiology report constitute newly discovered evidence warranting a new trial and whether the evidence, if newly discovered, would have made a different result probable on retrial given the other evidence implicating defendant as the cause of, other injuries suffered by the child. The parties may file supplemental briefs within 42 days of the date of this order, but they should not submit mere restatements of their application papers.