People of Michigan v. Frederick Lawrence Cunningham ( 2013 )

Order Michigan Supreme Court
Lansing, Michigan
November 20, 2013 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
147437 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
Justices
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v SC: 147437
COA: 309277
Allegan CC: 11-017200-FH
FREDERICK LAWRENCE CUNNINGHAM,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 28, 2013
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether People v Sanders, 296 Mich App
710 (2012), and People v Sanders (After Remand), 298 Mich App 105 (2012), correctly
held that the Legislature’s intent in authorizing an assessment of “[a]ny cost” under MCL
769.1k(1)(b)(ii) was to adopt a “reasonable flat fee” approach that does not require
precision, and does not require separately calculating the costs involved in a particular
case; (2) whether assessments of “court costs” are similar to, or interchangeable with,
“costs of prosecution”; (3) whether the general principles set out in People v Wallace,
245 Mich 310 (1929), People v Teasdale, 335 Mich 1 (1952), and People v Dilworth, 291
Mich App 399 (2011), which dealt with statutory costs of prosecution and probation
costs, have any applicability to an assessment pursuant to MCL 769.1k(1)(b)(ii); and (4)
whether the Court of Appeals in this case properly applied Sanders to affirm the
assessment of $1,000 in court costs on the basis that it was reasonably related to the
$1,238.48 average actual cost per criminal case in Allegan Circuit Court, which included
overhead costs and indirect expenses.
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.
November 20, 2013
s1113
Clerk