People of Michigan v. Richard Allen Simmons

• Court: Michigan Supreme Court
• Decided: May 2, 2016
• Docket: 146030
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

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

Stephen J. Markman Brian K. Zahra 146030 Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen, Justices PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v SC: 146030 COA: 303201 Lake CC: 86-002451-FC RICHARD ALLEN SIMMONS, Defendant-Appellant.

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By order of April 28, 2015, the application for leave to appeal the September 13, 2012 judgment 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, Montgomery v Louisiana, 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 Lake 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 Montgomery v Louisiana, 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 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 s0418 Clerk