IN RE NDD

Michigan Supreme Court
Lansing, Michigan
Megan K. Cavanagh,
Chief Justice
Brian K. Zahra
Richard H. Bernstein
Elizabeth M. Welch
Kyra H. Bolden
Kimberly A. Thomas
Noah P. Hood,
Justices
I, Elizabeth Kingston-Miller, 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.
April 3, 2026
t0331
Order
Clerk
April 3, 2026
169064
In re NDD, Minor.
______________________________________
PEOPLE OF THE STATE OF MICHIGAN,
Petitioner-Appellee,
v
NDD, Respondent-Appellant.
SC: 169064
COA: 370602
Livingston CC: 19-015969-DL
_________________________________________/
On order of the Court, the application for leave to appeal the August 15, 2025
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on the application. MCR 7.305(I)(1). The parties shall file supplemental briefs
in accordance with MCR 7.312(E), addressing: (1) whether the Livingston Circuit Court
Family Division reversibly erred in finding, by a preponderance of the evidence, that the
best interests of the juvenile and the public would best be served by granting the
prosecution’s motion to waive the court’s jurisdiction over the respondent, see MCL
712A.4(4); MCR 3.950(D)(2); (2) whether, in deciding whether to waive its jurisdiction
over the respondent, the family court was required to compare the relative suitability of
programs and facilities available in the juvenile and adult correctional systems, see People
v Dunbar, 423 Mich 380, 388 (1985); and (3) whether the discretionary waiver statute,
MCL 712A.4, violates Apprendi v New Jersey, 530 US 466, 490 (2000), because it
authorizes an increase in the respondent’s maximum punishment without a jury
determination, beyond a reasonable doubt, of the factors considered in the waiver decision.
The Prosecuting Attorneys Association of Michigan, the Criminal Defense
Attorneys of Michigan, the Children’s Law Section of the State Bar of Michigan, and the
University of Detroit Mercy Law Juvenile Appellate Practice Clinic are invited to file briefs
amicus curiae. Other persons or groups interested in the determination of the issues
presented in this case who are not exempt from the motion requirement under MCR
7.312(H) may move the Court for permission to file briefs amicus curiae.

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