Order Michigan Supreme Court
Lansing, Michigan
April 30, 2010 Marilyn Kelly,
Chief Justice
139833 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway,
Plaintiff-Appellee, Justices
v SC: 139833
COA: 284670
Wayne CC: 96-004431-2
JOHN VINCENT JONES,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 25, 2009
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other peremptory action. MCR
7.302(H)(1). For the benefit of amici, we note that the parties understand that the issues
include: (1) whether the defendant, who had absconded on bond pending appeal after
being sentenced, is entitled to credit for all time served in federal custody after federal
authorities arrested him on the outstanding Michigan warrant in this case; and (2)
whether this case is controlled by People v Gallagher, 410 Mich 429 (1979), and In re
Carey, 372 Mich 378 (1964). The parties shall submit supplemental briefs within 42
days of the date of this order addressing, in light of the concurrent nature of the federal
and state sentences, why the amount of credit the defendant receives in this case should
or should not depend on (1) whether the defendant has been sentenced for the federal
offense; and (2) whether the defendant has received or might receive credit toward his
federal sentence from the federal courts.
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 issues 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.
April 30, 2010 _________________________________________
y0427 Clerk