PEOPLE OF MI V DAVID GERARD WANDOLOWSKI

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.
May 29, 2026
a0526
Order
Clerk
May 29, 2026
SC: 167929
COA: 367342
Oscoda CC: 20-001683-FH
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee
v
DAVID GERARD WANDOLOWSKI,
Defendant-Appellant.
On order of the Court, the application for leave to appeal the October 29, 2024
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 whether the Court of Appeals erred in
rejecting as moot defendant’s challenge to the trial court’s imposition of a fine. The parties
shall specifically address: (1) whether the Court of Appeals correctly held that Thomas v
Montcalm Circuit Judge, 228 Mich 44, 45 (1924), controlled in this matter; (2) if so,
whether Thomas was decided correctly, see, e.g., League of Women Voters of Mich v
Secretary of State, 506 Mich 561, 580 (2020); (3) if Thomas was wrongly decided, whether
it should nonetheless be retained under principles of stare decisis, see Robinson v Detroit,
462 Mich 439, 464 (2000); and (4) whether, if the Court reverses the Court of Appeals’
determination that the issue was moot, it should nevertheless affirm the judgment of the
Court of Appeals because defendant waived the issue.
The Prosecuting Attorneys Association of Michigan and Criminal Defense
Attorneys of Michigan 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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