People of Michigan v. Willie Harper ( 2014 )

Order Michigan Supreme Court
Lansing, Michigan
October 28, 2014 Robert P. Young, Jr.,
Chief Justice
147921-2 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: 147921-2
COA: 308639; 309330
Wayne CC: 10-011140-FC;
WILLIE HARPER, 10-010259-FH
Defendant-Appellant.
____________________________________/
By order of February 28, 2014, the application for leave to appeal the September
5, 2013 judgment of the Court of Appeals was held in abeyance pending the decisions in
People v Earl (Docket No. 145677) and People v Cunningham (Docket No. 147437). On
order of the Court, Earl having been decided on March 26, 2014, 495 Mich. 33 (2014),
and Cunningham 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 VACATE that part of the Court of Appeals opinion regarding the
Wayne Circuit Court’s assessment of court costs. We REMAND this case to the Court of
Appeals for reconsideration of that issue and the related issue whether the defendant was
denied the effective assistance of counsel because his trial counsel failed to object at
sentencing to the imposition 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 issues in light of People v Cunningham, 496 Mich. 145 (2014), and Konopka.
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
h1020
Clerk