People of Michigan v. Gregory Wines

• Court: Michigan Supreme Court
• Decided: May 2, 2016
• Docket: 147013
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

May 2, 2016 Robert P. Young, Jr., Chief Justice

147013 Stephen J. Markman Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen, Justices Plaintiff-Appellee, v SC: 147013 COA: 312441 Kent CC: 93-064278-FC GREGORY WINES, Defendant-Appellant.

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By order of April 28, 2015, the application for leave to appeal the January 25, 2013 order of the Court of Appeals was held in abeyance pending the decision in Montgomery v Louisiana, cert gtd 575 US ___; 135 S Ct 1546; 191 L Ed 2d 635 (2015). On order of the Court, the case having been decided on January 25, 2016, 577 US __; 136 S Ct 718; 193 L Ed 2d 599 (2016), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the sentence of the Kent Circuit Court on the defendant’s first-degree murder conviction, and we REMAND this case to the trial court for resentencing on that conviction pursuant to MCL 769.25 and MCL 769.25a. See, Miller v Alabama, 567 US ___; 132 S Ct 2455; 183 L Ed 2d 407 (2012); Montgomery v Louisiana, supra. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.

We do not retain jurisdiction.

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. May 2, 2016 p0418 Clerk