Order Michigan Supreme Court
Lansing, Michigan
October 25, 2013 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
146872 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 146872
COA: 308275
Wayne CC: 03-011966-FH
THOMAS CLIFFORD WHITE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 24, 2013
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.302(H)(1).
The parties shall submit supplemental briefs within 42 days of the date of this order
addressing: (1) whether the defendant’s unconditional guilty plea waived any violation
of the 180-day rule, MCL 780.131 and MCL 780.133; see People v Lown, 488 Mich 242,
268-270 (2011), where the prosecutor had received (albeit possibly not by certified mail)
a written Department of Corrections (DOC) notice of the defendant’s incarceration and a
request for final disposition of the pending charges, had responded to the notice stating
that there were no pending charges against the defendant, and commenced the criminal
action five years after receipt of the notice, and where the defendant and the Wayne
Circuit Court were unaware of the notice and the response at the time of the plea
proceeding; and (2) whether the defendant’s guilty plea was properly set aside by the trial
court for the reason that it was unknowing and involuntary due to the defendant’s and the
court’s unawareness of the DOC notice and prosecutorial response. The parties should
not submit mere restatements of their application papers.
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.
October 25, 2013
s1022
Clerk