Opinion
SC: 163277 COA: 345852
12-08-2023
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Damarius Montrail GREEN, Defendant-Appellant.
Genesee CC: 17-014898-FC
Order
By order of December 1, 2021, the application for leave to appeal the May 20, 2021 judgment of the Court of Appeals was held in abeyance pending the decisions in People v Posey (Docket No. 162373) and People v Stewart (Docket No. 162497). On order of the Court, Posey having been decided on July 31, 2023, 512 Mich 317, — N.W.2d — (2023), and Stewart having been decided on July 31, 2023, 512 Mich 472, — N.W.2d — (2023), the application is again 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 consideration of whether the defendant’s sentence is proportionate in light of Posey. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.
We do not retain jurisdiction.