People of Michigan v. Kenneth L Anderson ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
March 29, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
149626 & (18)(19) Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 149626
COA: 321055
Wayne CC: 90-006515-FC
KENNETH L. ANDERSON,
Defendant-Appellant.
_________________________________________/
By order of April 28, 2015, the application for leave to appeal the June 3, 2014
order 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, 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 Wayne
Circuit Court for 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, 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 questions presented should be reviewed by this
Court. The motion to stay the proceedings is DENIED. The motion to compel the
prosecutor to produce exculpatory materials is DENIED.
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 29, 2016
a0321
Clerk