People of Michigan v. Shane Michael Moore

Michigan Supreme Court

People of Michigan v. Shane Michael Moore

DecidedFebruary 20, 2018

Docket155052

StatusPublished

This text of People of Michigan v. Shane Michael Moore (People of Michigan v. Shane Michael Moore) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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People of Michigan v. Shane Michael Moore, (Mich. 2018).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

February 20, 2018 Stephen J. Markman, Chief Justice

Brian K. Zahra Bridget M. McCormack 155052 & (40)(45)(46) David F. Viviano Richard H. Bernstein Kurtis T. Wilder Elizabeth T. Clement, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 155052 COA: 334768 St. Clair CC: 16-000731-FH SHANE MICHAEL MOORE, Defendant-Appellant.

_________________________________________/

By order of October 3, 2017, the prosecuting attorney was directed to answer the application for leave to appeal the November 2, 2016 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, of whether the trial court erred when scoring Offense Variable (OV) 9, MCL 777.39, and OV 10, MCL 777.40. 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 motions to appoint counsel and the motion to add issue and for vexatious proceedings are DENIED.

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. February 20, 2018 a0209 Clerk

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Order Michigan Supreme Court Lansing, Michigan

February 20, 2018 Stephen J. Markman, Chief Justice

Brian K. Zahra Bridget M. McCormack 155052 & (40)(45)(46) David F. Viviano Richard H. Bernstein Kurtis T. Wilder Elizabeth T. Clement, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 155052 COA: 334768 St. Clair CC: 16-000731-FH SHANE MICHAEL MOORE, Defendant-Appellant.

_________________________________________/

By order of October 3, 2017, the prosecuting attorney was directed to answer the application for leave to appeal the November 2, 2016 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, of whether the trial court erred when scoring Offense Variable (OV) 9, MCL 777.39, and OV 10, MCL 777.40. 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 motions to appoint counsel and the motion to add issue and for vexatious proceedings are DENIED.

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. February 20, 2018 a0209 Clerk

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People of Michigan v. Shane Michael Moore, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-shane-michael-moore-mich-2018.