Legal Opinion

People v. Cunningham

Michigan Supreme Court

Decided June 18, 2014No. Docket 147437PublishedCited by 93 opinions

1Opinion of the CourtMarkman, J.

At issue is whether MCL 769.1k(l)(b)(ii) provides courts with the independent authority to impose costs upon criminal defendants. We hold that it does not. Instead, we hold that MCL 769.1k(l)(b)(ii) provides courts with the authority to impose only those costs that the Legislature has separately authorized by statute. Therefore, the circuit court erred when it relied on MCL 769.1k(l)(b)(ii) as independent authority to impose $1,000 in “court costs,” and the Court of Appeals erred as well by affirming the imposition of such costs. Accordingly, we reverse the decision of the Court of Appeals,…

2Cases cited23 opinions

  1. Sun Valley Foods Co. v. WardMichigan Supreme Court · 1999
  2. City of Grand Rapids v. CrockerMichigan Supreme Court · 1922
  3. State Farm Fire & Casualty Co. v. Old Republic InsuranceMichigan Supreme Court · 2002
  4. People v. HegwoodMichigan Supreme Court · 2001
  5. Koenig v. City of South HavenMichigan Supreme Court · 1999

18 more not listed; retrieve them via the Exa API.

3Cited by93 opinions

  1. People v. GainesMichigan Court of Appeals · 2014
  2. People v. Konopka (On Remand)Michigan Court of Appeals · 2015
  3. People v. MazurMichigan Supreme Court · 2015
  4. Wyandotte Electric Supply Co. v. Electrical Technology Systems, Inc.Michigan Supreme Court · 2016
  5. People v. TerrellMichigan Court of Appeals · 2015

88 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API