People of Michigan v. Lois Butler-Jackson ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
June 28, 2016 Robert P. Young, Jr.,
Chief Justice
151255 Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Joan L. Larsen,
Justices
v SC: 151255
COA: 315591
Macomb CC: 2011-003482-FH
LOIS BUTLER-JACKSON,
Defendant-Appellant.
_________________________________________/
By order of May 27, 2015, the application for leave to appeal the November 6,
2014 judgment of the Court of Appeals was held in abeyance pending the decision in
People v Hartwick (Docket No. 148444). On order of the Court, the case having been
decided on July 27, 2015, 498 Mich. 192 (2015), the application is again considered.
Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part
of the Court of Appeals judgment addressing the propriety of court costs under
MCL 771.3(5). Though probation supervision costs and reimbursement of expenses
incurred in prosecuting the defendant or providing her with legal assistance are
authorized under that statute, court costs are not. See People v Cunningham, 496 Mich.
145 (2014), and People v Juntikka, 310 Mich. App. 306 (2015). We REMAND this case
to the Macomb Circuit Court for further proceedings. In all other respects, leave to
appeal is DENIED, because we are not persuaded that the remaining question 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.
June 28, 2016
p0620
Clerk