Opinion
SC 163379 COA 357332
01-04-2023
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. JAMES GREGORY EADS, Defendant-Appellant.
Wayne CC: 92-007359-FC
Elizabeth T. Clement, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Bernstein, Megan K. Cavanagh, Elizabeth M. Welch, Kyra H. Bolden, Justices.
ORDER
On order of the Court, the application for leave to appeal the July 19, 2021 order of the Court of Appeals is considered. We DIRECT the Wayne County Prosecuting Attorney to answer the application for leave to appeal within 28 days of the date of this order. In particular, the prosecutor shall address: (1) whether the trial court was required to consider the defendant's youth as a mitigating factor before sentencing him to a term of years for second-degree murder, see People v Boykin, 510 Mich. ___ (2022) (Docket No. 157738); and (2) if so, whether the trial court properly considered the defendant's youth as a mitigating factor in accordance with Miller v Alabama, 567 U.S. 460, 479 (2012), Roper v Simmons, 543 U.S. 551, 570 (2005), and People v Snow, 386 Mich. 586, 592, 594 (1972).
The application for leave to appeal remains pending.
BOLDEN, J., did not participate.