Matthew Makowski v. Governor ( 2013 )

Order Michigan Supreme Court
Lansing, Michigan
July 5, 2013 Robert P. Young, Jr.,
Chief Justice
146867 & (45) Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
MATTHEW MAKOWSKI, David F. Viviano,
Plaintiff-Appellant, Justices
v SC: 146867
COA: 307402
Ingham CC: 11-000579-CZ
GOVERNOR and SECRETARY OF STATE,
Defendants-Appellees.
_________________________________________/
On order of the Court, the motion for miscellaneous relief is GRANTED. The
application for leave to appeal the December 27, 2012 judgment of the Court of Appeals
is considered, and it is GRANTED. The parties shall include among the issues to be
briefed: (1) what authority, if any, the courts of this State have to review actions taken by
the Governor under the authority conferred by 1963 Const, Art V, § 14; (2) how the
separation of powers doctrine and the principle of nonjusticiable political questions relate
to that constitutional authority; (3) whether the commutation of the plaintiff’s sentence
was completed before the Governor took steps to revoke it and whether the Court has the
authority to address this question; (4) whether the power to grant clemency under the
cited constitutional provision also includes the power to rescind, revoke or otherwise
overturn a decision to grant clemency; and (5) to the extent the courts have the authority
to address the question, whether the Governor in this case exceeded the authority granted
by the constitution by revoking the commutation of sentence given to the plaintiff after it
was signed by the Governor, sealed by and filed with the Secretary of State, and
delivered to the Michigan Department of Corrections.
MCCORMACK, J., not participating because of her prior involvement in this case.
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.
July 5, 2013
t0702
Clerk