Order Michigan Supreme Court
Lansing, Michigan
June 11, 2008 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
136056 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 136056
COA: 282662
Berrien CC: 2007-411918-FH
JOSEPH ALLEN TRAPP,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 23, 2008
order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for
consideration, as on leave granted, of the issue whether the Berrien Circuit Court, before
ordering reimbursement of attorney fees of court-appointed counsel pursuant to MCL
769.1k(1)(b)(iii) (effective January 1, 2006), was required to comply with the procedural
safeguards set forth in People v Dunbar, 264 Mich App 240, 251-256 (2004), and in
particular the requirement that it consider the defendant’s current and future financial
circumstances and ability to repay the fees. We DIRECT the Court of Appeals to issue a
decision on the appeal by October 11, 2008. 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 retain jurisdiction.
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 11, 2008 _________________________________________
d0604 Clerk