Opinion
SC: 155273 COA: 327065
06-21-2017
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Samer SHAMI, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the December 15, 2016 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing: (1) whether the defendant's activities of mixing different flavors of tobacco to create different flavor combinations to offer customers and repackaging tobacco under his own label rendered him a "manufacturer" of tobacco under MCL 205.422(m) of the Tobacco Products Tax Act (TPTA), MCL 205.421 et seq . ; and, if so, (2) whether the TPTA's definition of "manufacturer" satisfied due process by putting the defendant on fair notice of the conduct that would subject him to punishment. See People v. Hall , 499 Mich. 446, 461 (2016). The parties should not submit mere restatements of their application papers.
Wilder, J., not participating because he was on the Court of Appeals panel.