People of Michigan v. Shaquille Joel Sherman

Michigan Supreme Court

People of Michigan v. Shaquille Joel Sherman

DecidedMay 27, 2015

Docket150674

StatusPublished

This text of People of Michigan v. Shaquille Joel Sherman (People of Michigan v. Shaquille Joel Sherman) 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. Shaquille Joel Sherman, (Mich. 2015).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

May 27, 2015 Robert P. Young, Jr., Chief Justice

Stephen J. Markman Mary Beth Kelly 150674 Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 150674 COA: 317800 Wayne CC: 13-000288-FC SHAQUILLE JOEL SHERMAN, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the November 13, 2014 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals opinion suggesting that a “completed larceny” is an element of unlawfully driving away a motor vehicle (UDAA). This Court expressly rejected that conclusion in People v Cain, 495 Mich 874 (2013). We otherwise AFFIRM the Court of Appeals holding that defendant’s multiple punishments for carjacking and UDAA do not violate his double jeopardy rights, for the reasons set forth in Cain. 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.

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 27, 2015 s0520 Clerk

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Order Michigan Supreme Court Lansing, Michigan

May 27, 2015 Robert P. Young, Jr., Chief Justice

Stephen J. Markman Mary Beth Kelly 150674 Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 150674 COA: 317800 Wayne CC: 13-000288-FC SHAQUILLE JOEL SHERMAN, Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the November 13, 2014 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals opinion suggesting that a “completed larceny” is an element of unlawfully driving away a motor vehicle (UDAA). This Court expressly rejected that conclusion in People v Cain, 495 Mich 874 (2013). We otherwise AFFIRM the Court of Appeals holding that defendant’s multiple punishments for carjacking and UDAA do not violate his double jeopardy rights, for the reasons set forth in Cain. 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.

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 27, 2015 s0520 Clerk

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People of Michigan v. Shaquille Joel Sherman, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-shaquille-joel-sherman-mich-2015.