People of Michigan v. John David Vanderpool , 928 N.W.2d 198 ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
June 7, 2019 Bridget M. McCormack,
Chief Justice
158486 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra
Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
v SC: 158486 Justices
COA: 337686
Tuscola CC: 13-012652-FH;
16-013674-FH
JOHN DAVID VANDERPOOL,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 7, 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 Tuscola Circuit Court had jurisdiction to extend the
defendant’s probationary term in September 2015; and (2) whether the extension of the
probationary term without notice or a hearing violated the defendant’s due process rights.
Compare People v Marks, 340 Mich. 495 (1954), with Gagnon v Scarpelli, 411 U.S. 778
(1973). 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.
The Prosecuting Attorneys Association of Michigan and the Criminal Defense
Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups
interested in the determination of the issues presented in this case may move the Court
for permission to file briefs amicus curiae.
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 7, 2019
s0604
Clerk