Summary of Applications/Oral Argument on Applications Granted - June & July 2019

Mini-Oral Argument on
Application Granted

People v Gary Gilmore, MSC No. 158716 (COA No. 334205), MOAA granted May 24, 2019. 

Issues: The Court ordered the parties to address (1) whether the defendant waived the question of his entitlement to an evidentiary hearing regarding the amount of restitution, compare People v Gahan, 456 Mich 264 (1997) (stating that the failure to affirmatively request an evidentiary hearing regarding restitution is a waiver of a defendant’s due process claim on appeal) with People v Carter, 462 Mich 206 (2006) (defining waiver as “the intentional relinquishment or abandonment of a known right” and distinguishing waiver from forfeiture, which has been defined as “the failure to make the timely assertion of a right”); and if not, (2) whether the circuit court erred in denying the defendant such a hearing. 

People v John David Vanderpool, MSC No. 158486 (COA No. 337686), MOAA granted June 7, 2019.

Issues: The Court ordered the parties to address (1) whether the circuit court had jurisdiction to extend the defendant’s probationary term in September 2015; and (2) whether the extension of the probationary term without notice or a hearing violated the defendant’s due process rights. 

by John Zevalking
Associate Editor