Opinion
SC 159976 (27) (32) (34) COA 347899
01-31-2023
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. CHARLES JOSEPH SELBY, Defendant-Appellant.
Jackson CC: 87-043912-FH
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
By order of July 16, 2021, the application for leave to appeal the July 2, 2019 order of the Court of Appeals was held in abeyance pending the decision in People v Poole (Docket No. 161529). On order of the Court, the case having been decided on July 28, 2022, 510 Mich. __ (2022), the motion for immediate consideration is GRANTED. 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 reconsideration in light of People v Parks, 510 Mich. __ (2022) (Docket No. 162086). The motion to vacate abeyance order and motion to release from abeyance are DENIED as moot.
We do not retain jurisdiction.
VIVIANO, J. (dissenting).
For the reasons stated in Chief Justice CLEMENT's dissent in People v Parks, 510 Mich. __ (2022) (Docket No. 162086), I do not believe that a mandatory sentence to life without parole for a defendant who committed first-degree murder when he was 18 years old is unconstitutional. Therefore, I respectfully dissent and would deny leave to appeal.