People of Michigan v. Gerald Magnant ( 2020 )

Order Michigan Supreme Court
Lansing, Michigan
March 18, 2020 Bridget M. McCormack,
Chief Justice
159371 David F. Viviano,
Chief Justice Pro Tem
159373
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement
Plaintiff-Appellee, Megan K. Cavanagh,
Justices
v SC: 159371
COA: 341627
Ingham CC: 17-000407-FH
GERALD MAGNANT,
Defendant-Appellant.
_________________________________________/
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v SC: 159373
COA: 341621
Ingham CC: 17-000406-FH
JOHN FRANCIS DAVIS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the applications for leave to appeal the February 5, 2019
judgment of the Court of Appeals are considered. We direct the Clerk to schedule oral
argument on the applications. MCR 7.305(H)(1).
The appellants shall file supplemental briefs within 42 days of the date of this
order addressing: (1) whether MCL 205.428(3) requires proof that the defendants knew
that they were transporting cigarettes in a manner “contrary to” the Tobacco Products
Tax Act (TPTA), MCL 205.421 et seq., see generally Rehaif v United States, 588 US
___; 139 S. Ct. 2191 (2019); Rambin v Allstate Ins Co, 495 Mich. 316, 327-328 (2014);
(2) whether nonsupervisory employees fall within the definition of “transporter” under
MCL 205.422(y); and (3) if so, whether the TPTA’s definition of “transporter” satisfies
due process by putting the defendants on fair notice of the conduct that would subject
them to punishment, see People v Hall, 499 Mich. 446, 461 (2016). In addition to the
briefs, the appellants shall electronically file appendices conforming to MCR
7.312(D)(2). In the briefs, 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 latter of the appellants’ brief. The appellee shall
2
also electronically file an appendix, or in the alternative, stipulate to the use of the
appendices filed by the appellants. Replies, if any, must be filed by the appellants within
14 days of being served with the appellee’s brief. The parties should not submit mere
restatements of their application papers.
The time allowed for oral argument shall be 30 minutes: 15 minutes for
appellants, to be divided at their discretion, and 15 minutes for appellee. MCR
7.314(B)(2).
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association 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. Motions for permission to file briefs amicus
curiae and briefs amicus curiae regarding these cases should be filed in People v Magnant
(Docket No. 159371) only and served on the parties in both cases.
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.
March 18, 2020
t0311
Clerk