Opinion
SC: 165185 COA: 358043
06-02-2023
Order
On order of the Court, the application for leave to appeal the November 10, 2022 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 parties shall file supplemental briefs in accordance with MCR 7.312(E), addressing: (1) whether restitution constitutes punishment for purposes of the Ex Post Facto Clauses of the United States Constitution, U.S. Const., art. I, § 10, and the Michigan Constitution, Const. 1963, art. 1, § 10 ; (2) whether application of the current versions of the restitution statutes rather than the statutes in effect when the defendant was convicted "disadvantage[d]" him for purposes of the Ex Post Facto Clauses, Weaver v Graham , 450 U.S. 24, 29, 101 S.Ct. 960, 67 L.Ed.2d 17 (1981) ; see also People v Lueth , 253 Mich App 670, 693, 660 N.W.2d 322 (2002) ; and (3) if there is an Ex Post Facto Clause violation, what is the appropriate remedy? The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.