People of Michigan v. Gary Gilmore ( 2017 )

Order Michigan Supreme Court
Lansing, Michigan
June 27, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
154534 David F. Viviano
Richard H. Bernstein
Joan L. Larsen
Kurtis T. Wilder,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 154534
COA: 334205
Wayne CC: 16-003006-FH
GARY GILMORE,
Defendant-Appellant.
_________________________________________/
By order of May 2, 2017, the prosecuting attorney was directed to answer the
application for leave to appeal the September 13, 2016 order of the Court of Appeals. On
order of the Court, the answer having been received, the application for leave to appeal is
again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal,
we REMAND this case to the Court of Appeals for consideration, as on leave granted, of:
(1) whether the defendant waived the question of his entitlement to an evidentiary
hearing regarding the amount of restitution; and if not, (2) whether the Wayne Circuit
Court erred in denying him such a hearing. See People v McKinley, 496 Mich 410(2014). In all other respects, leave to appeal is DENIED, because we are not persuaded
that the remaining question presented should be reviewed by this Court.
We further DIRECT the Court of Appeals to REMAND this case first to the
Wayne Circuit Court, in accordance with Administrative Order 2003-03, so that the
circuit court can determine whether the defendant is indigent and, if so, to appoint
counsel to represent the defendant in the Court of Appeals.
WILDER, J., did not participate because he was on the Court of Appeals panel.
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 27, 2017
s0619
Clerk