People of Michigan v. Robin Rick Manning ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
December 11, 2019 Bridget M. McCormack,
Chief Justice
160034 David F. Viviano,
Chief Justice Pro Tem
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman
Plaintiff-Appellee, Brian K. Zahra
Richard H. Bernstein
v SC: 160034 Elizabeth T. Clement
COA: 345268 Megan K. Cavanagh,
Justices
Saginaw CC: 84-000570-FC
ROBIN RICK MANNING,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the February 21, 2019
order of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on the application. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this
order addressing: (1) whether the defendant’s successive motion for relief from judgment
is “based on a retroactive change in law,” MCR 6.502(G)(2), where the law relied upon
does not automatically entitle him to relief; and (2) if so, whether the United States
Supreme Court’s decisions in Miller v Alabama, 567 U.S. 460 (2012), and Montgomery v
Louisiana, 136 S. Ct. 718 (2016), should be applied to 18 year old defendants convicted of
murder and sentenced to mandatory life without parole, under the Eighth Amendment to
the United States Constitution or Const 1963, art 1, § 16, or both. 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 within 14 days of being served with the appellee’s
brief. The parties should not submit mere restatements of their application papers.
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association 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.
December 11, 2019
p1204
Clerk