People v. McCuller ( 2007 )

Order Michigan Supreme Court
Lansing, Michigan
March 8, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
128161 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 128161
COA: 250000
Oakland CC: 02-183044-FH
RAYMOND A. MCCULLER,
Defendant-Appellant.
_________________________________________/
On February 20, 2007, the United States Supreme Court entered an order that
vacated this Court's opinion in this case, and remanded this case to this Court for further
consideration in light of Cunningham v California, 549 US ___; 127 S Ct 856; 166 L Ed
2d 856 (2007). On order of the Court, this case shall be argued and submitted to the
Court together with the cases of People v Burns (Docket No. 131898), and People v
Harper (Docket No. 130988), at such future session of the Court as the cases are ready
for submission.
The parties shall file supplemental briefs by April 4, 2007, addressing the effect, if
any, of Cunningham v California on the prison sentence imposed in this case, and on this
Court's vacated opinion in this case, People v McCuller, 475 Mich 176 (2006). The
Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys Association of
Michigan are invited to file briefs amicus curiae by April 4, 2007. 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 by April 4, 2007.
I, Corbin R. Davis, 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, 2007 _________________________________________
d0307 Clerk