People of Michigan v. James Edward Hodges Jr

• Court: Michigan Supreme Court
• Decided: October 28, 2014
• Docket: 148541
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

October 28, 2014 Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh Stephen J. Markman 148541 Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 148541 COA: 317862 Kent CC: 12-005735-FC JAMES EDWARD HODGES, JR., Defendant-Appellant.

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On order of the Court, the application for leave to appeal the November 27, 2013 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for reconsideration of the defendant’s issue regarding the Kent Circuit Court’s assessment of court costs. On remand, the Court of Appeals shall hold this case in abeyance pending its decision in People v Konopka (Court of Appeals Docket No. 319913). After Konopka is decided, the Court of Appeals shall reconsider the defendant’s issue in light of People v Cunningham, 496 Mich 145 (2014), and Konopka. It shall then deny or grant the application on this issue, or otherwise exercise its authority under MCR 7.216(A)(7). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.

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. October 28, 2014 d1020 Clerk