People of Michigan v. Kenneth L Anderson

Opinion

Order Michigan Supreme Court Lansing, Michigan

March 29, 2016 Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Brian K. Zahra

149626 & (18)(19) Bridget M. McCormack David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee,

v SC: 149626 COA: 321055 Wayne CC: 90-006515-FC

KENNETH L. ANDERSON, Defendant-Appellant.

_________________________________________/

By order of April 28, 2015, the application for leave to appeal the June 3, 2014 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 and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the sentence of the Wayne Circuit Court for 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 Montgomery, supra; Miller v Alabama, 567 US ___; 132 S Ct 2455; 183 L Ed 2d 407 (2012). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court. The motion to stay the proceedings is DENIED. The motion to compel the prosecutor to produce exculpatory materials is DENIED.

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.

March 29, 2016

a0321 Clerk