Order Michigan Supreme Court
Lansing, Michigan
June 8, 2012 Robert P. Young, Jr.,
Chief Justice
144327 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 144327
COA: 306106
Oakland CC: 2010-233501 FC
DONALD MICHAEL HARDY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 18, 2011
order of the Court of Appeals is considered, and it is GRANTED. The parties shall
address whether the trial court erroneously assessed 50 points for offense variable 7
(OV 7), MCL 777.37(1)(a), because the defendant racked a shotgun during the
carjacking, and whether trial counsel was ineffective for waiving this issue.
We further ORDER the Oakland Circuit Court, in accordance with Administrative
Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint
counsel to represent the defendant in this Court.
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association of Michigan are invited to file briefs amicus curiae. Other persons or groups
interested in the determination of the issue presented in this case may move the Court for
permission to file briefs amicus curiae.
I, Corbin R. Davis, 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.
June 8, 2012 _________________________________________
h0605 Clerk