People v. Emmanuel Brown , 499 Mich. 865 ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
March 8, 2016 Robert P. Young, Jr.,
Chief Justice
148551 & (56) Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Plaintiff-Appellee, Justices
v SC: 148551
COA: 310550
Branch CC: 10-109467-FC
JAMES CHARLES WILCOX,
Defendant-Appellant.
_________________________________________/
By order of September 5, 2014, the application for leave to appeal the November
26, 2013 judgment of the Court of Appeals was held in abeyance pending the decision in
People v Lockridge (Docket No. 149073). On order of the Court, the case having been
decided on July 29, 2015, 498 Mich 358 (2015), the application is again considered.
Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE in part
the judgment of the Court of Appeals, and we REMAND this case to the Branch Circuit
Court to determine whether the court would have imposed a materially different sentence
under the sentencing procedure described in Lockridge. On remand, the trial court shall
follow the procedure described in Part VI of our opinion. If the trial court determines
that it would have imposed the same sentence absent the unconstitutional constraint on its
discretion, it may reaffirm the original sentence. If, however, the trial court determines
that it would not have imposed the same sentence absent the unconstitutional constraint
on its discretion, it shall resentence the defendant. 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. The motion to hold application in abeyance is DENIED as moot.
We do not retain jurisdiction.
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.
March 8, 2016
t0229
Clerk