Order Michigan Supreme Court
Lansing, Michigan
October 28, 2014 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
147291 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 147291
COA: 309303
Berrien CC: 2011-002807-FH
MELODY TYNETTE JONES,
Defendant-Appellant.
_________________________________________/
By order of May 27, 2014, the application for leave to appeal the April 25, 2013
judgment of the Court of Appeals was held in abeyance pending the decision in People v
Cunningham (Docket No. 147437). On order of the Court, the case having been decided
on June 18, 2014, 496 Mich 145 (2014), the application is again considered and, pursuant
to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE that part of the
Court of Appeals opinion regarding the Berrien Circuit Court’s assessment of court costs,
and we REMAND this case to the Court of Appeals for reconsideration of that issue. On
remand, the Court of Appeals shall hold this case in abeyance pending its decision in
People v Konopka (Court of Appeals Docket No. 319913). After Konopka is decided, the
Court of Appeals shall reconsider the defendant’s issue in light of People v Cunningham,
496 Mich 145 (2014), and Konopka. 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.
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 28, 2014
d1020
Clerk