People of Michigan v. Samer Shami ( 2017 )

Order Michigan Supreme Court
Lansing, Michigan
June 21, 2017 Stephen J. Markman,
Chief Justice
155273 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen
PEOPLE OF THE STATE OF MICHIGAN, Kurtis T. Wilder,
Plaintiff-Appellee, Justices
v SC: 155273
COA: 327065
Wayne CC: 14-011190-FH
SAMER SHAMI,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the December 15, 2016
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 parties shall file supplemental briefs within 42 days of the date of this order
addressing: (1) whether the defendant’s activities of mixing different flavors of tobacco
to create different flavor combinations to offer customers and repackaging tobacco under
his own label rendered him a “manufacturer” of tobacco under MCL 205.422(m) of the
Tobacco Products Tax Act (TPTA), MCL 205.421 et seq.; and, if so, (2) whether the
TPTA’s definition of “manufacturer” satisfied due process by putting the defendant on
fair notice of the conduct that would subject him to punishment. See People v Hall, 499
Mich. 446, 461 (2016). The parties should not submit mere restatements of their
application papers.
WILDER, J., not participating because he was on the Court of Appeals panel.
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.
June 21, 2017
t0614
Clerk