People of Michigan v. Betsy Louise Kwasny ( 2014 )

Order Michigan Supreme Court
Lansing, Michigan
November 26, 2014 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
148358 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 148358
COA: 306784
Berrien CC: 2009-003571-FH
2009-004979-FH
2010-005474-FH
BETSY LOUISE KWASNY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 31, 2013
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we VACATE that part of the Court of Appeals judgment
regarding the restitution order in lower court No. 2009-004979-FH and we REMAND
this case to the Court of Appeals for reconsideration in light of People v McKinley, 496
Mich 410 (2014). The Court of Appeals evaluated the restitution order in accordance
with People v Gahan, 456 Mich 264 (1997), which was overruled in People v McKinley.
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.
We do not retain jurisdiction.
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 26, 2014
s1119
Clerk