People v. Konopka

Decision Date19 September 2014
Docket NumberCOA No. 319913.,Docket No. 149047.
PartiesPEOPLE of the State of Michigan, Plaintiff–Appellee, v. Lindsey Lynn KONOPKA, Defendant–Appellant.
CourtMichigan Supreme Court

OPINION TEXT STARTS HERE

Order

On order of the Court, the motion to add issue and file supplemental brief is GRANTED. The application for leave to appeal the February 21, 2014 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration of whether the circuit court improperly imposed court costs, in light of our decision in People v. Cunningham, 496 Mich. 145, 852 N.W.2d 118 (2014), and if so, whether the circuit court's assessment of $500 in court costs” constitutes plain error affecting the defendant's substantial rights. Contrast People v. Franklin, 491 Mich. 916, 813 N.W.2d 285 (2012), with Johnson v. United States, 520 U.S. 461, 467–468, 117 S.Ct. 1544, 137 L.Ed.2d 718 (1997).

We direct the Court of Appeals' attention to the fact that we have also remanded People v. Holbrook (Docket No. 149005) to the Court of Appeals for consideration of similar issues. 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.

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4 cases
  • People v. Konopka
    • United States
    • Court of Appeal of Michigan — District of US
    • March 3, 2015
    ...DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court. [People v. Konopka, 497 Mich. 863, 863–864, 852 N.W.2d 903 (2014) ].On remand from our Supreme Court, defendant argued that the trial court's imposition of costs was improper in lig......
  • People v. Hodges, SC: 148541
    • United States
    • Michigan Supreme Court
    • October 28, 2014
    ...assessment 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 issue in light of People v Cunningham, 4......
  • People v. Sanchez, SC: 147490
    • United States
    • Michigan Supreme Court
    • October 28, 2014
    ...assessment 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 issue in light of People v Cunningham, 4......
  • In re Wangler/Paschke
    • United States
    • Michigan Supreme Court
    • September 19, 2014

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