Opinion
359436
01-18-2022
People of Michigan v. Scinicor Latwain McMullen Jr
LC No. 16-042765-FJ
Michael J. Kelly Presiding Judge Amy Ronayne Krause Michael F. Gadola Judges
ORDER
The delayed application for leave to appeal is DENIED for lack of merit in the grounds presented.
Ronayne Krause, J., states: While I concur with my colleagues as to issues 1-5, in issue 6, in lieu of granting the application for leave to appeal, I would remand this matter to the trial court to conduct a hearing to determine whether petitioner has overcome the presumption of non-indigency, and whether the state's statutorily permitted collection efforts create a manifest hardship on the defendant or his immediate family.
The controlling authority is People v Jackson, 483 Mich. 271, 295; 769 N.W.2d 630 (2009). In Jackson, our Supreme Court examined the governing statute, MCL 769.1l. Recognizing that the statute creates a presumption of non-indigency of MDOC inmates, it nevertheless creates a mechanism for inmates to rebut the presumption. Here, appellant requested a temporary suspension of collections because he was incarcerated and unable to pay for basic necessities. Appellant asserted in his brief that he does not have funds for medicine, deodorant, soap, shampoo, and toothpaste. The trial court denied the request without analyzing whether the collection efforts permitted by statute created a manifest hardship on the defendant or his immediate family. 1