People of Michigan v. Charles Jerome Douglas ( 2015 )

Order Michigan Supreme Court
Lansing, Michigan
October 30, 2015 Robert P. Young, Jr.,
Chief Justice
150789 Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Plaintiff-Appellee, Justices
v SC: 150789
COA: 315027
Wayne CC: 12-010051-FH
CHARLES JEROME DOUGLAS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 7, 2014
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.305(H)(1).
The parties shall file supplemental briefs within 42 days of the date of this order
addressing whether People v Lockridge, 498 Mich. 358 (2015), by rendering the
sentencing guidelines advisory and/or by employing a remedy that does not mandate
resentencing, affects (1) whether a defendant can be afforded relief for an unpreserved
meritorious challenge to the scoring of offense variables through a claim of ineffective
assistance of counsel, see People v Francisco, 474 Mich. 82, 89 n 8 (2006); and (2) the
scope of relief, if any, to which a defendant is entitled when the defendant raises a
meritorious challenge to the scoring of an offense variable, whether preserved or
unpreserved, and the error changes the applicable guidelines range, whether the
defendant’s sentence falls within the corrected range or not. See id. at 89-90; see also
People v Kimble, 470 Mich. 305, 310 (2004). The parties should not submit mere
restatements of their application papers.
The Prosecuting Attorneys Association of Michigan and the Criminal Defense
Attorneys 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.
October 30, 2015
p1027
Clerk