People of Michigan v. Richard Allen Simmons

Opinion

Order Michigan Supreme Court Lansing, Michigan

April 28, 2015 Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Mary Beth Kelly

146030 Brian K. Zahra Bridget M. McCormack

David F. Viviano

Richard H. Bernstein,

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

v SC: 146030 COA: 303201 Lake CC: 86-002451-FC

RICHARD ALLEN SIMMONS, Defendant-Appellant.

_________________________________________/

By order of November 6, 2013, the application for leave to appeal the September 13, 2012 judgment of the Court of Appeals was held in abeyance pending the decisions in People v Carp (Docket No. 146478) and People v Eliason (Docket No. 147428). On order of the Court, the cases having been decided on July 8, 2014, 496 Mich 440 (2014), the application is again considered. It appearing to this Court that the case of Montgomery v Louisiana, cert gtd ___ US ___; ___ S Ct ___; ___ L Ed 2d ___ (2015), is pending before the United States Supreme Court, and that the decision in that case may resolve an issue raised in the present application for leave to appeal, we ORDER that the application be held in ABEYANCE pending the decision in that case.

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.

April 28, 2015

s0420

Clerk