MI S.Ct. grants review in interesting cell phone search issue, particularly whether PC and search in a prior case applies to a later case

The Michigan Supreme Court grants leave to appeal, appoints the State Appellate Defender Office, and directs the following cell phone search questions be briefed in People v. Hughes, 2019 Mich. LEXIS 2094 (Nov. 1, 2019):*

The appellant shall file a supplemental brief … addressing: (1) whether the probable cause underlying the search warrant issued during the prior criminal investigation authorized police to obtain all of the defendant’s cell phone data; (2) whether the defendant’s reasonable expectation of privacy in his cell phone data was extinguished when the police obtained the cell phone data in a prior criminal investigation; (3) if not, whether the search of the cell phone data in the instant case was within the scope of the probable cause underlying the search warrant issued during the prior criminal investigation; (4) if not, whether the search of the cell phone data in the instant case was lawful; and (5) whether trial counsel was ineffective for failing to challenge the search of the cell phone data in the instant case on Fourth Amendment grounds.