People of Michigan v. David Ross Ames , 501 Mich. 1026 ( 2018 )

Order Michigan Supreme Court
Lansing, Michigan
March 21, 2018 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
156077 David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
Elizabeth T. Clement,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 156077
COA: 337848
Lenawee CC: 16-017887-FH;
16-017888-FH
DAVID ROSS AMES,
Defendant-Appellant.
_________________________________________/
By order of November 22, 2017, the prosecuting attorney was directed to answer
the application for leave to appeal the May 12, 2017 order of the Court of Appeals. On
order of the Court, the answer having been received, the application for leave to appeal is
again 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 appellant shall file a supplemental brief within 42 days of the date of this
order addressing whether MCL 769.34(10) has been rendered invalid by this Court’s
decision in People v Lockridge, 498 Mich 358 (2015), to the extent that the statute
requires the Court of Appeals to affirm sentences that fall within the applicable
guidelines range “absent an error in scoring the sentencing guidelines or inaccurate
information relied upon in determining the defendant’s sentence.” See People v
Schrauben, 314 Mich App 181, 196 (2016). In addition to the brief, the appellant shall
electronically file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to
the record must provide the appendix page numbers as required by MCR 7.312(B)(1).
The appellee shall file a supplemental brief within 21 days of being served with the
appellant’s brief. The appellee shall also electronically file an appendix, or in the
alternative, stipulate to the use of the appendix filed by the appellant. A reply, if any,
must be filed by the appellant within 14 days of being served with the appellee’s brief.
The parties should not submit mere restatements of their application papers.
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 21, 2018
s0314
Clerk