Opinion
SC: 150643 COA: 313670
06-09-2017
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Boban TEMELKOSKI, Defendant–Appellant.
Order
On order of the Court, the defendant-appellant's motion to accept his response to the brief amicus curiae filed by the Attorney General and the motion of plaintiff-appellee to extend the time for filing its supplemental brief to December 2, 2016, are GRANTED. On the Court's own motion, we direct the Clerk of the Court to set this case for reargument and resubmission at the October, 2017 session. We DIRECT the parties to file supplemental briefs within 56 days of the date of this order addressing: (1) whether this case should be held in abeyance pending final action by the United States Supreme Court in Does #1–5 v. Snyder , 834 F.3d 696 (C.A.6, 2016) ; (2) whether a criminal defendant is denied due process of law if a statute offers a benefit in exchange for pleading guilty, the defendant's plea is induced by the expectation of that benefit, but the benefit is vitiated in whole or in part, see Santobello v. New York , 404 U.S. 257, 261, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971) ; Studier v. Michigan Public School Employees' Retirement Board , 472 Mich. 642, 660, 698 N.W.2d 350 (2005) ; and (3) whether the Wayne Circuit Court had jurisdiction over the defendant's claim in light of MCL 28.728c(4).