People of Michigan v. Dawn Marie Dixon-Bey , 910 N.W.2d 303 ( 2018 )

Order Michigan Supreme Court
Lansing, Michigan
May 4, 2018 Stephen J. Markman,
Chief Justice
156746 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-Appellant, Justices
v SC: 156746
COA: 331499
Jackson CC: 15-004596-FC
DAWN MARIE DIXON-BEY,
Defendant-Appellee.
_____________________________________/
On order of the Court, the application for leave to appeal the September 26, 2017
judgment of the Court of Appeals is considered. 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) to what extent the sentencing guidelines should be considered to
determine whether the trial court abused its discretion in applying the principle of
proportionality under People v Steanhouse, 500 Mich. 453 (2017); and (2) whether, when
a jury convicted the defendant of second-degree murder, the trial court abused its
discretion in applying the principle of proportionality if it either (a) sentenced the
defendant according to an independent finding that she committed first-degree murder; or
(b) departed upward from the sentencing guidelines for second-degree murder based on
facts established by a preponderance of the evidence that the jury did not find were
established beyond a reasonable doubt. See MCL 777.36(2)(a); People v Ewing (After
Remand), 435 Mich. 443 (1990); People v Milbourn, 435 Mich. 630, 654 (1990).
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 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
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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 Beck (Docket No.
152934).
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