Opinion
Docket Nos. 147921 147922. COA Nos. 308639 309330.
2014-10-28
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Willie HARPER, Defendant–Appellant.
Prior reports: 495 Mich. 947, 843 N.W.2d 533; Mich.App., 2013 WL 4766677.
Order
By order of February 28, 2014, the application for leave to appeal the September 5, 2013 judgment of the Court of Appeals was held in abeyance pending the decisions in People v. Earl (Docket No. 145677) and People v. Cunningham (Docket No. 147437). On order of the Court, Earl having been decided on March 26, 2014, 495 Mich. 33, 845 N.W.2d 721 (2014), and Cunningham having been decided on June 18, 2014, 496 Mich. 145, 852 N.W.2d 118 (2014), the application is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals opinion regarding the Wayne Circuit Court's assessment of court costs. We REMAND this case to the Court of Appeals for reconsideration of that issue and the related issue whether the defendant was denied the effective assistance of counsel because his trial counsel failed to object at sentencing to the imposition of court costs. On remand, the Court of Appeals shall hold this case in abeyance pending its decision in People v. Konopka (Court of Appeals Docket No. 319913). After Konopka is decided, the Court of Appeals shall reconsider the defendant's issues in light of People v. Cunningham, 496 Mich. 145, 852 N.W.2d 118 (2014), and Konopka. 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.