People of Michigan v. Alton Hubbard ( 2014 )

Order Michigan Supreme Court
Lansing, Michigan
November 25, 2014 Robert P. Young, Jr.,
Chief Justice
148361 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano,
Plaintiff-Appellee, Justices
v SC: 148361
COA: 318271
Wayne CC: 13-002468-FC
ALTON HUBBARD,
Defendant-Appellant.
____________________________________/
By order of April 28, 2014, the application for leave to appeal the December 5,
2013 order of the Court of Appeals was held in abeyance pending the decision in People
v Cunningham (Docket No. 147437). On order of the Court, the case having been
decided on June 18, 2014, 496 Mich 145 (2014), the application is again 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 Wayne
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.
November 25, 2014
h1117
Clerk