Opinion
SC: 159371 COA: 341627 SC: 159373 COA: 341621
03-18-2020
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Gerald MAGNANT, Defendant-Appellant. People of the State of Michigan, Plaintiff-Appellee, v. John Francis Davis, Defendant-Appellant.
Order
On order of the Court, the applications for leave to appeal the February 5, 2019 judgment of the Court of Appeals are considered. We direct the Clerk to schedule oral argument on the applications. MCR 7.305(H)(1).
The appellants shall file supplemental briefs within 42 days of the date of this order addressing: (1) whether MCL 205.428(3) requires proof that the defendants knew that they were transporting cigarettes in a manner "contrary to" the Tobacco Products Tax Act (TPTA), MCL 205.421 et seq. , see generally Rehaif v. United States , 588 U.S. ––––, 139 S. Ct. 2191, 204 L.Ed.2d 594 (2019) ; Rambin v. Allstate Ins. Co. , 495 Mich. 316, 327-328, 852 N.W.2d 34 (2014) ; (2) whether nonsupervisory employees fall within the definition of "transporter" under MCL 205.422(y) ; and (3) if so, whether the TPTA’s definition of "transporter" satisfies due process by putting the defendants on fair notice of the conduct that would subject them to punishment, see People v. Hall , 499 Mich. 446, 461, 884 N.W.2d 561 (2016). In addition to the briefs, the appellants shall electronically file appendices conforming to MCR 7.312(D)(2). In the briefs, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being served with the latter of the appellants’ brief. The appellee shall also electronically file an appendix, or in the alternative, stipulate to the use of the appendices filed by the appellants. Replies, if any, must be filed by the appellants within 14 days of being served with the appellee’s brief. The parties should not submit mere restatements of their application papers.
The time allowed for oral argument shall be 30 minutes: 15 minutes for appellants, to be divided at their discretion, and 15 minutes for appellee. MCR 7.314(B)(2).
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys Association of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae. Motions for permission to file briefs amicus curiae and briefs amicus curiae regarding these cases should be filed in People v. Magnant (Docket No. 159371) only and served on the parties in both cases.