People of Michigan v. Demariol Dontaye Boykin

• Court: Michigan Supreme Court
• Decided: June 4, 2021
• Docket: 157738
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

June 4, 2021 Bridget M. McCormack, Chief Justice

157738 Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement PEOPLE OF THE STATE OF MICHIGAN, Megan K. Cavanagh Plaintiff-Appellee, Elizabeth M. Welch, Justices v SC: 157738 COA: 335862 Kent CC: 03-004460-FC DEMARIOL DONTAYE BOYKIN, Defendant-Appellant. _________________________________________/

On order of the Court, the application for leave to appeal the March 20, 2018 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The appellant shall file a supplemental brief addressing: (1) whether the Court of Appeals correctly held in People v Wines, 323 Mich App 343 (2018), rev’d in nonrelevant part 506 Mich 954 (2020), that trial courts must consider the distinctive attributes of youth, such as those discussed in Miller v Alabama, 567 US 460 (2012), when sentencing a minor to a term of years pursuant to MCL 769.25a; (2) if Wines was correctly decided, whether sentencing judges have an obligation to explicitly set forth their analysis of how the defendant’s age impacted their sentencing discretion when proceeding under MCL 769.25a or MCL 769.25; and (3) if Wines applies to this case, whether the trial court complied with its requirements, and if it did not, what more the court was required to do. The appellant’s brief shall be filed by September 27, 2021, with no extensions except upon a showing of good cause. In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being served with the appellant’s brief. A reply, if any, must be filed by the appellant within 14 days of being served with the appellee’s brief. The parties should not submit mere restatements of their application papers.

We further direct the Clerk to schedule the oral argument in this case for the same future session of the Court when it will hear oral argument in People v Tate (Docket No. 158695).

The Prosecuting Attorneys Association of Michigan and the 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 may move the Court for permission to file briefs amicus curiae.

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. June 4, 2021 t0601 Clerk