People of Michigan v. Cortez Roland Davis ( 2013 )

Order Michigan Supreme Court
Lansing, Michigan
November 6, 2013 Robert P. Young, Jr.,
Chief Justice
146819 & (15) Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano,
Plaintiff-Appellee, Justices
v SC: 146819
COA: 314080
Wayne CC: 94-002089-01-FC
CORTEZ ROLAND DAVIS,
Defendant-Appellant.
____________________________________/
On order of the Court, the motion for leave to file a brief amicus curiae is
GRANTED. The application for leave to appeal the January 16, 2013 order of the Court
of Appeals is considered, and it is GRANTED, limited to the issues: (1) whether the
prohibition against “cruel and unusual punishments” found in the Eighth Amendment to
the United States Constitution, and/or the prohibition against “cruel or unusual
punishment” found in Const 1963, art 1, § 16, categorically bar the imposition of a life
without parole sentence on a defendant under the age of 18 convicted of first-degree
murder for having aided and abetted the commission of a felony murder; and (2) if such a
categorical bar exists, whether it applies retroactively, under federal or state law, to cases
that have become final after the expiration of the period for direct review. See Teague v
Lane, 489 US 288; 109 S Ct 1060; 103 L Ed 2d 334 (1989); People v Maxson, 482 Mich
385 (2008).
We direct the Clerk to schedule the oral argument in this case for the same future
session of this Court when it will hear oral argument in People v Carp (Docket No.
146478) and People v Eliason (Docket No. 147428). The Court will issue a separate
scheduling order specifying the parameters for oral argument, including time limits and
allocation of time.
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.
November 6, 2013
h1105
Clerk