PEOPLE OF MI V DONALD ALLEN LUCAS

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V DONALD ALLEN LUCAS
Docket No. 369486
LC No. 95-018650-FH
James Robert Redford
Presiding Judge
Randy J. Wallace
Andrew J. Lievense
Judges
Defendant appeals by leave granted a December 12, 2023 order denying his motion for relief from
judgment. We remanded for the appointment of appellate counsel per order dated August 14, 2024. Briefs
were submitted and defendant’s counsel waived oral argument scheduled for June 6, 2026.
Defendant’s appeal primarily concerns the constitutionality of his placement on Michigan’s sex
offender registry. Since the December 12, 2023 order was issued, both this Court and our Supreme Court
have released at least three precedentially-binding opinions: People v Shannon, ___ Mich App ___; ___
NW3d ___ (2026) (Docket No. 371910); People v Kardasz, ___ Mich ___; ___ NW3d ___ (2025) (Docket
No. 165008); and People v Kiczenski, ___ Mich App ___; ___ NW3d ___ (2024) (Docket No. 364957).
We decline to usurp the trial court’s function of evaluating the merits of defendant’s motion in the first
instance in light of the guidance provided by Shannon, Kardasz, and Kiczenski. Accordingly, in lieu of
issuing an opinion and order in this matter, the December 12, 2023 order is VACATED. MCR
7.216(C)(7). This matter is REMANDED to the Ottawa Circuit Court to reconsider and redetermine the
merits of defendant’s constitutional and other claims in light of these new cases. On remand, the trial
court shall allow the parties to file supplemental briefs addressing the application of Shannon, Kardasz,
and Kiczenski to the facts of this case.
We do not retain jurisdiction. This order has immediate effect. MCR 7.215(F)(2). The party
aggrieved by the order entered on remand may initiate a new appeal by application.
_______________________________
Presiding Judge
June 15, 2026
A true copy entered and certified by Jerome W. Zimmer Jr. , Chief Clerk, on
Date

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