Order Michigan Supreme Court Lansing, Michigan October 30, 2020 Bridget M. McCormack, Chief Justice 161248 David F. Viviano, Chief Justice Pro Tem Stephen J. Markman Brian K. Zahra PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein Plaintiff-Appellee, Elizabeth T. Clement Megan K. Cavanagh, Justices v SC: 161248 COA: 352341 Macomb CC: 2017-000598-FH JOHN JOSEPH MURPHY, III, Defendant-Appellant.

_____________________________________/ On order of the Court, the application for leave to appeal the March 6, 2020 order of the Court of Appeals is considered. We DIRECT the Macomb County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. The prosecutor shall also address whether the trial court complied with the requirements of MCR 6.425(E)(3), and whether the defendant was impermissibly punished for his inability to pay an economic assessment.

The application for leave to appeal remains pending.

VIVIANO, J., would deny leave to appeal.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

October 30, 2020 b1027 Clerk