Order Michigan Supreme Court
Lansing, Michigan
October 28, 2014 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
148541 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 148541
COA: 317862
Kent CC: 12-005735-FC
JAMES EDWARD HODGES, JR.,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 27, 2013
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
reconsideration of the defendant’s issue regarding the Kent Circuit Court’s assessment of
court costs. 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. It shall then deny or grant the
application on this issue, or otherwise exercise its authority under MCR 7.216(A)(7). 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.
October 28, 2014
d1020
Clerk