People of Michigan v. Eric Lamontee Beck ( 2018 )

Order Michigan Supreme Court
Lansing, Michigan
May 4, 2018 Stephen J. Markman,
Chief Justice
152934 & (45) Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement,
Plaintiff-Appellee, Justices
v SC: 152934
COA: 321806
Saginaw CC: 13-039031-FC
ERIC LAMONTEE BECK,
Defendant-Appellant.
_____________________________________/
By order of September 6, 2016, the application for leave to appeal the November
17, 2015 judgment of the Court of Appeals and the motion to appoint counsel were held
in abeyance pending the decisions in People v Steanhouse (Docket No. 152849) and
People v Masroor (Docket Nos. 152946-8). On order of the Court, the cases having been
decided on July 24, 2017, 500 Mich. 453 (2017), the application and motion are again
considered. The motion to appoint counsel is DENIED as moot. The defendant is
represented in this Court by attorney Michael Skinner, who filed the application on the
defendant’s behalf.
We direct the Clerk to schedule oral argument on whether to grant the application
or take other action. MCR 7.305(H)(1). The appellant shall file a supplemental brief
within 42 days of the date of this order, addressing: (1) the appropriate basis for
distinguishing between permissible trial court consideration of acquitted conduct, see
People v Ewing (After Remand), 435 Mich. 443, 451-452 (1990) (opinion by BRICKLEY,
J.); id. at 473 (opinion by BOYLE, J.); see also United States v Watts, 519 U.S. 148 (1997),
and an impermissible “independent finding of defendant’s guilt” by a trial court on an
acquitted charge, see People v Grimmett, 388 Mich. 590, 608 (1972), overruled on other
grounds by People v White, 390 Mich. 245, 258 (1973); see also People v Fortson, 202
Mich. App. 13, 21 (1993); and (2) whether the trial court abused its discretion by departing
from the guidelines range, where the jury acquitted the defendant of murder, but the court
departed based on its finding by a preponderance of the evidence that the defendant had
perpetrated the killing. In addition to the brief, the appellant shall electronically file an
appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must
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provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall
file a supplemental brief within 21 days of being served with the appellant’s brief. The
appellee shall also electronically file an appendix, or in the alternative, stipulate to the use
of the appendix filed by the appellant. A reply, if any, must be filed by the appellant
within 14 days of being served with the appellee’s brief. The parties should not submit
mere restatements of their application papers.
We further 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 Dixon-Bey
(Docket No. 156746).
The Prosecuting Attorneys Association of Michigan and the Criminal Defense
Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups
interested in the determination of the issues presented in this case may move the Court
for permission to file briefs amicus curiae.
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 4, 2018
a0501
Clerk