People of Michigan v. Gary Gilmore ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
May 24, 2019 Bridget M. McCormack,
Chief Justice
David F. Viviano,
Chief Justice Pro Tem
158716
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
Elizabeth T. Clement
PEOPLE OF THE STATE OF MICHIGAN, Megan K. Cavanagh,
Plaintiff-Appellee, Justices
v SC: 158716
COA: 334205
Wayne CC: 16-003006-FH
GARY GILMORE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the September 25, 2018
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on the application. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this
order addressing: (1) whether the defendant waived the question of his entitlement to an
evidentiary hearing regarding the amount of restitution, compare People v Gahan, 456
Mich. 264, 276 (1997), overruled in part by People v McKinley, 496 Mich. 410, 413
(2014) (stating that the failure to affirmatively request an evidentiary hearing regarding
restitution is a waiver of a defendant’s due process claim on appeal) with People v
Carter, 462 Mich. 206, 215 (2006) (defining waiver as “the intentional relinquishment or
abandonment of a known right” and distinguishing waiver from forfeiture, which has
been defined as “the failure to make the timely assertion of a right.”); and if not, (2)
whether the Wayne Circuit Court erred in denying the defendant such a hearing. See
McKinley, 496 Mich. 410. In addition to the brief, the appellant shall electronically file an
appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must
provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall
file a supplemental brief within 21 days of being served with the appellant’s brief. The
appellee shall also electronically file an appendix, or in the alternative, stipulate to the use
of the appendix filed by the appellant. A reply, if any, must be filed by the appellant
within 14 days of being served with the appellee’s brief. The parties should not submit
mere restatements of their application papers.
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.
May 24, 2019
s0521
Clerk