Opinion
SC: 165939 COA: 359017
12-08-2023
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. David Omar ADAMS, Defendant-Appellant.
Viviano, J., would deny leave to appeal.
Ionia CC: 2019-017789-FC
Order
On order of the Court, the application for leave to appeal the June 15, 2023 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 Court of Appeals for further consideration. On remand, the Court of Appeals shall, in further considering whether the defendant’s criminal conviction violated his right not to be subjected to multiple punishments for the same conduct, address the actual punishment imposed on the defendant, including the total amount of time he spent in administrative segregation and the reason for that length of time. On remand, the parties may move to remand to the Ionia Circuit Court to expand the record if necessary to address this issue.
We do not retain jurisdiction.
Viviano, J., would deny leave to appeal.