People of Michigan v. George Thomas Klukowski ( 2017 )

Order Michigan Supreme Court
Lansing, Michigan
November 16, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
155904 David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 155904
COA: 337241
Chippewa CC: 15-001758-FC
GEORGE THOMAS KLUKOWSKI,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the April 13, 2017 order
of the Court of Appeals is considered. We DIRECT the Chippewa County Prosecuting
Attorney to answer the application for leave to appeal within 28 days after the date of this
order. The prosecutor shall specifically address: (1) whether the CSC I offense arose
“from the same transaction” as one or both of the other two offenses for which the
defendant was convicted, MCL 750.520b(3); and, if so (2) whether the imposition of a
consecutive sentence in this case for first-degree criminal sexual conduct violates either
of the Ex Post Facto Clauses of the United States and Michigan Constitutions, US Const,
art I, § 10, cl 1; Const 1963, art 1, § 10, where the statute authorizing a consecutive
sentence, MCL 750.520b(3), did not exist when either the first-degree or second-degree
criminal sexual conduct offenses were committed.
The application for leave to appeal remains pending.
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.
November 16, 2017
d1115
Clerk