Order Michigan Supreme Court Lansing, Michigan May 20, 2020 Bridget M. McCormack, Chief Justice 160726 David F. Viviano, Chief Justice Pro Tem Stephen J. Markman Brian K. Zahra PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein Plaintiff-Appellee, Elizabeth T. Clement Megan K. Cavanagh, Justices v SC: 160726 COA: 350791 Roscommon CC: 18-008042-FH JASON WARREN BRACKNEY, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the October 31, 2019 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

CAVANAGH, J. (concurring).

I concur in the Court’s order denying defendant’s application for leave to appeal.

I write separately, however, to express that such denial is without prejudice to defendant’s ability to file a motion for relief from judgment under MCR Subchapter 6.500 based on any claim relating to the issue of whether defendant was deprived of his Sixth Amendment right to the effective assistance of counsel when his trial attorney failed to file an interlocutory appeal of the trial court’s order(s) denying defendant’s motion to suppress evidence or negotiate a conditional plea, as well as the issue of whether appellate counsel was ineffective for not raising these issues on appeal.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

May 20, 2020 a0513 Clerk