Opinion
SC: 164375 COA: 360220
12-21-2023
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. David John MCCOY, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the March 22, 2022 order of the Court of Appeals is considered. We DIRECT the plaintiff-appellee to answer the application for leave to appeal within 28 days after the date of this order. In the answer, the plaintiff-appellee shall specifically address: (1) whether the defendant waived or abandoned his constitutional objections to the imposition of lifetime electronic monitoring (LEM) when, after being informed that LEM was a mandatory penalty, he expressed his understanding (though not agreement) that LEM was mandatory, but nevertheless elected not to withdraw his no contest plea, and then objected to LEM on constitutional grounds; (2) the effect of People v Betts, 507 Mich. 527, 968 N.W.2d 497 (2021) (see also State v Grady, 372 N.C. 509, 831 S.E.2d 542 (2019), and Park v State, 305 Ga. 348, 825 S.E.2d 147 (2019)), on the argument that lifetime electronic monitoring constitutes either cruel and/or unusual punishment or an unreasonable search in violation of the Fourth Amendment; and (3) whether People v Hallak, 310 Mich App 555, 577, 873 N.W.2d 811 (2015), rev’d in part on other grounds 499 Mich. 879, 876 N.W.2d 523 (2016), was wrongly decided.
The application for leave to appeal remains pending.