Opinion
No. 124055.
Decided December 12, 2003.
SC: 124055, COA: 243562, Saginaw CC: 94-010039-FC.
On order of the Court, the application for leave to appeal the May 21, 2003 order of the Court of Appeals is considered. We DIRECT the Saginaw County Prosecuting Attorney to answer the defendant's application for leave to appeal within 28 days after the date of this order. In the answer, the prosecuting attorney shall address (1) whether MCL 791.234(10) provides a temporal limitation on the cooperation with law enforcement that a prisoner can invoke to obtain early parole consideration under that provision, (2) whether the Court of Appeals correctly held in People v. Matelic, 249 Mich. App. 1, 13 (2001) that there is not such a limitation, (3) whether, and under what circumstances, a prisoner who has not provided information to law enforcement can be considered to have "cooperated with law enforcement" in light of the statement in MCL 769.234(10) that "[t]he prisoner is considered to have cooperated with law enforcement if . . . the prisoner had no relevant or useful information to provide," and (4) whether this case should be remanded to the Saginaw Circuit Court for an evidentiary hearing regarding whether, and to what extent, the defendant has "cooperated with law enforcement" within the meaning of MCL 791.234(10).
The application for leave to appeal remains pending.