Order Michigan Supreme Court
Lansing, Michigan
March 20, 2019 Bridget M. McCormack,
Chief Justice
157940 & (166)(176)(178) David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 157940
COA: 329229
Ingham CC: 14-001380-FH
JOHN CORYELL KELSEY, II,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion to file third supplemental authority is
GRANTED. The December 19, 2018 motion for miscellaneous relief is DENIED. The
February 1, 2019 motion for miscellaneous relief is DENIED with respect to the
defendant’s request to strike the prosecution’s brief filed in this Court, but is GRANTED
with respect to his request to add issues. The application for leave to appeal the April 17,
2018 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1),
in lieu of granting leave to appeal, we REVERSE Section XI of the judgment of the
Court of Appeals, and we REMAND this case to the Ingham Circuit Court to conduct a
restitution hearing. The defendant raised a timely objection to the amount of restitution
requested by the prosecution and made a timely request for a restitution hearing to
resolve that dispute. See MCL 780.767(4). 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.
We do not retain jurisdiction.
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.
March 20, 2019
t0313
Clerk