Opinion
SC: 158716 COA: 334205
05-24-2019
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Gary GILMORE, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the September 25, 2018 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this order addressing: (1) whether the defendant waived the question of his entitlement to an evidentiary hearing regarding the amount of restitution, compare People v. Gahan , 456 Mich. 264, 276, 571 N.W.2d 503 (1997), overruled in part by People v. McKinley , 496 Mich. 410, 413, 852 N.W.2d 770 (2014) (stating that the failure to affirmatively request an evidentiary hearing regarding restitution is a waiver of a defendant's due process claim on appeal) with People v. Carter , 462 Mich. 206, 215, 612 N.W.2d 144 (2000) (defining waiver as "the intentional relinquishment or abandonment of a known right" and distinguishing waiver from forfeiture, which has been defined as "the failure to make the timely assertion of a right."); and if not, (2) whether the Wayne Circuit Court erred in denying the defendant such a hearing. See McKinley , 496 Mich. 410, 852 N.W.2d 770. In addition to the brief, the appellant shall electronically file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being served with the appellant's brief. The appellee shall also electronically file an appendix, or in the alternative, stipulate to the use of the appendix filed by the appellant. A reply, if any, must be filed by the appellant within 14 days of being served with the appellee's brief. The parties should not submit mere restatements of their application papers.