People of Michigan v. Richard Allen Simmons ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
May 2, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
146030 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
Justices
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v SC: 146030
COA: 303201
Lake CC: 86-002451-FC
RICHARD ALLEN SIMMONS,
Defendant-Appellant.
_________________________________________/
By order of April 28, 2015, the application for leave to appeal the September 13,
2012 judgment of the Court of Appeals was held in abeyance pending the decision in
Montgomery v Louisiana, cert gtd 575 US ___; 135 S Ct 1546; 191 L Ed 2d 635 (2015).
On order of the Court, the case having been decided on January 25, 2016, Montgomery v
Louisiana, 577 US ___; 136 S Ct 718; 193 L Ed 2d 599 (2016), the application is again
considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we
VACATE the sentence of the Lake Circuit Court on the defendant’s first-degree murder
conviction, and we REMAND this case to the trial court for resentencing on that
conviction pursuant to MCL 769.25 and MCL 769.25a. See Montgomery v Louisiana,
supra; Miller v Alabama, 567 US ___; 132 S Ct 2455; 183 L Ed 2d 407 (2012). In all
other respects, leave to appeal is DENIED, because we are not persuaded that the
remaining question presented should be reviewed by this Court.
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.
May 2, 2016
s0418
Clerk