Order Michigan Supreme Court
Lansing, Michigan
September 21, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
132805 & (33) 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: 132805
COA: 264706
Oakland CC: 03-190643-FH
THOMAS HOWARD MCDANIEL,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for leave to file brief amicus curiae is
GRANTED. The application for leave to appeal the November 14, 2006 judgment of the
Court of Appeals is considered. We DIRECT the Oakland County Prosecuting Attorney
to answer the defendant's application for leave to appeal within 28 days after the date of
this order. In addition, we invite the Attorney General to respond on behalf of the
Michigan Department of Corrections. We invite the Prosecutor and the Attorney General
to address the questions (1) whether the defendant began serving his sentence in this case
no later than the date of his original sentencing proceeding on September 26, 2003, which
sentence was later vacated as an unwarranted departure from the statutory sentencing
guidelines, and (2) assuming the defendant began serving his sentence on September 26,
2003, whether the trial court was required to grant the defendant credit for time served on
a void sentence, i.e., for time served between the date of the original sentencing and the
date of the resentencing. MCL 769.11a.
KELLY, J., states that she would have expected the Prosecutor to answer the
application for leave to appeal without an order from this Court.
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.
September 21, 2007 _________________________________________
d0918 Clerk