People of Michigan v. Dakotah Wolfgang Eliason ( 2014 )

Order Michigan Supreme Court
Lansing, Michigan
October 22, 2014 Robert P. Young, Jr.,
Chief Justice
Rehearing No. 602 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
147428 Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
Justices
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v SC: 147428
COA: 302353
Berrien CC: 2010-015309-FC
DAKOTAH WOLFGANG ELIASON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for rehearing and/or clarification is considered.
On November 6, 2013, this Court granted the defendant’s application for leave to appeal
limited to “(1) whether the Court of Appeals correctly applied Miller v Alabama, 567 US
___ (2012), to Michigan’s sentencing scheme for first-degree murder; (2) whether that
sentencing scheme amounts to cruel or unusual punishment under Const 1963, art 1, § 16
as applied to defendants under the age of 18; and (3) what remedy is required for
defendants whose sentences have been found invalid under Miller or Const 1963, art 1,
§ 16.” People v Eliason, 495 Mich 891 (2013). With regard to the other issues that were
raised in the defendant’s application for leave to appeal but not addressed in this Court’s
prior opinion, leave to appeal is DENIED, because we are not persuaded that the
questions presented should be reviewed by this Court. In all other respects, the motion
for rehearing and/or clarification is DENIED.
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.
October 22, 2014
t1015
Clerk