People of Michigan v. Shawn Kristi Dicken ( 2017 )

Order Michigan Supreme Court
Lansing, Michigan
October 31, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
153242 David F. Viviano
Richard H. Bernstein
Joan L. Larsen
Kurtis T. Wilder,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 153242
COA: 322998
Midland CC: 13-005531-FH
SHAWN KRISTI DICKEN,
Defendant-Appellant.
____________________________________/
By order of September 29, 2016, the application for leave to appeal the January
12, 2016 judgment of the Court of Appeals was 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 is again considered and, pursuant to MCR 7.305(H)(1), in lieu of
granting leave to appeal, we REVERSE that part of the judgment of the Court of Appeals
remanding this case to the trial court for proportionality review and for a hearing pursuant
to People v Lockridge, 498 Mich 358 (2015), and we REMAND this case to the Court of
Appeals for plenary review of the defendant’s claim that her sentence was
disproportionate under the standard set forth in People v Milbourn, 435 Mich 630, 636
(1990). 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.
WILDER, J., did not participate because he was on the Court of Appeals panel.
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.
October 31, 2017
a1023
Clerk