Opinion
SC 165008 COA 358780
03-29-2023
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. ROBERT JAMES KARDASZ, Defendant-Appellant.
Macomb CC: 2017-002252-FC
Elizabeth T. Clement, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Bernstein, Megan K. Cavanagh, Elizabeth M. Welch, Kyra H. Bolden, Justices
ORDER
On order of the Court, the application for leave to appeal the September 22, 2022 judgment of the Court of Appeals is considered. We DIRECT the Macomb County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. While addressing the defendant's issues, the prosecutor shall specifically address the effect of People v Betts, 507 Mich. 527 (2021) (see also State v Grady, 372 NC 509 (2019), and Park v State, 305 Ga 348 (2019)), on the defendant's arguments that lifetime electronic monitoring constitutes either cruel and/or unusual punishment or an unreasonable search in violation of the Fourth Amendment. See People v Hallak, 310 Mich.App. 555 (2015), rev'd in part on other grounds 499 Mich. 879 (2016).
The application for leave to appeal remains pending.