Order Michigan Supreme Court
Lansing, Michigan
September 19, 2014 Robert P. Young, Jr.,
Chief Justice
149047 & (15) Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano,
Plaintiff-Appellee, Justices
v SC: 149047
COA: 319913
Ingham CC: 13-000362-FH
LINDSEY LYNN KONOPKA,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion to add issue and file supplemental brief is
GRANTED. The application for leave to appeal the February 21, 2014 order of the Court
of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to
appeal, we REMAND this case to the Court of Appeals for consideration of whether the
circuit court improperly imposed court costs, in light of our decision in People v
Cunningham, 496 Mich 145 (2014), and if so, whether the circuit court’s assessment of
$500 in “court costs” constitutes plain error affecting the defendant’s substantial rights.
Contrast People v Franklin, 491 Mich 916 (2012), with Johnson v United States, 520 US
461, 467-468 (1997).
We direct the Court of Appeals’ attention to the fact that we have also remanded
People v Holbrook (Docket No. 149005) to the Court of Appeals for consideration of
similar issues. In all other respects, leave to appeal is DENIED, because we are not
persuaded that the remaining questions presented should be reviewed by this Court.
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.
September 19, 2014
t0916
Clerk