People of Michigan v. Allan Wayne Shank ( 2017 )

Order Michigan Supreme Court
Lansing, Michigan
October 31, 2017 Stephen J. Markman,
Chief Justice
153000 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen
PEOPLE OF THE STATE OF MICHIGAN, Kurtis T. Wilder,
Plaintiff-Appellant, Justices
v SC: 153000
COA: 321534
Presque Isle CC: 12-092763-FC
ALLAN WAYNE SHANK,
Defendant-Appellee.
_________________________________________/
By order of July 26, 2016, the application for leave to appeal the November 17,
2015 judgment of the Court of Appeals was held in abeyance pending the decisions in
People v Steanhouse (Docket No. 152849) and People v Masroor (Docket Nos.
152946-8). On order of the Court, the cases having been decided on July 24, 2017, 500
Mich 453 (2017), the application is again considered and, pursuant to MCR 7.305(H)(1),
in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals
remanding this case to the trial court for proportionality review and for a hearing pursuant
to People v Lockridge, 498 Mich 358 (2015), and we REMAND this case to the Court of
Appeals for plenary review of the defendant’s sentencing claims, including that his
sentence was disproportionate under the standard set forth in People v Milbourn, 435
Mich 630, 636 (1990). See People v Steanhouse, 500 Mich at 460-461.
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 31, 2017
p1023
Clerk