People of Michigan v. Senica Demece Hale ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
July 8, 2016 Robert P. Young, Jr.,
Chief Justice
153332 & (95) Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Joan L. Larsen,
Justices
v SC: 153332
COA: 322144
Wayne CC: 13-008126-FC
SENICA DEMECE HALE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion to add issues is GRANTED. The application for
leave to appeal the February 23, 2016 judgment of the Court of Appeals is considered
and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this
case to the Wayne Circuit Court to determine whether the court would have imposed a
materially different sentence under the sentencing procedure described in People v
Lockridge, 498 Mich 358 (2015). On remand, the trial court shall follow the procedure
described in Part VI of our opinion. If the trial court determines that it would have
imposed the same sentence absent the unconstitutional constraint on its discretion, it may
reaffirm the original sentence. If, however, the trial court determines that it would not
have imposed the same sentence absent the unconstitutional constraint on its discretion, it
shall resentence the defendant. 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.
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.
July 8, 2016
p0705
Clerk