People of Michigan v. Timothy Alan Greenwald ( 2012 )

Order Michigan Supreme Court
Lansing, Michigan
April 20, 2012 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
143895 Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 143895
COA: 305045
Wayne CC: 2010-000997-FH
TIMOTHY ALAN GREENWALD,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 25, 2011
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court.
MARILYN KELLY, J. (dissenting).
I would order the trial court to conduct a hearing to assess defendant’s ability to
pay the fines and fees imposed on him under MCL 771.3, MCL 769.1k, and MCL
600.4803(1). Defendant is entitled to such a hearing under People v Music1 and People v
Jackson.2 Ordering the hearing would secure defendant’s ability to present a manifest-
hardship defense under MCL 771.3(6)(b) to the enforcement of the costs and fines.
1
People v Music, 428 Mich 356, 362 (1987).
2
People v Jackson, 483 Mich 271, 292-293 (2009).
I, Corbin R. Davis, 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.
April 20, 2012 _________________________________________
d0417 Clerk