Summary
The Michigan Supreme Court denied Kena Banks's application for leave to appeal under MCR 6.508(D) concerning collection of court-appointed attorney fees from prisoner funds. Justice Corrigan concurred, concluding that Michigan statutes authorize collection without a prior ability-to-pay hearing for an incarcerated defendant. Justice Kelly dissented, stating that the trial court should have conducted a hearing under People v. Dunbar to assess the defendant's present and future ability to pay.
Holdings
- Banks failed to meet her burden of establishing entitlement to relief under MCR 6.508(D); therefore, the Michigan Supreme Court denied her application for leave to appeal.
Questions Presented
- Whether Banks established entitlement to relief under MCR 6.508(D) from the order requiring collection of court-appointed attorney fees from her prison account.
- Whether a trial court must conduct a People v. Dunbar ability-to-pay hearing before ordering the Department of Corrections to remit prisoner funds for court-appointed attorney fees.
Disposition
writ_denied
Cases Cited (5)
- People v. Dunbar, 264 Mich. App. 240, 690 N.W.2d 476 (2004)(discussed)
- People v. Guajardo, 213 Mich. App. 198, 539 N.W.2d 570 (1995)(followed)
- People v. LaPine, 63 Mich. App. 554, 234 N.W.2d 700 (1975)(followed)
- People v. Trapp (On Remand), 280 Mich. App. 598, 760 N.W.2d 791 (2008)(discussed)
- People v. Trapp, 482 Mich. 1044, 769 N.W.2d 219 (2008)(discussed)
Cited In (0)
No citing cases on record yet.
Court Document
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