Opinion
SC: 164303 COA: 358962
02-03-2023
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Deray Jerome SMITH, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the March 3, 2022 order of the Court of Appeals is considered. 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 ––––, ––– N.w.2d ––––, 2022 WL 3008548 (2022) (Docket No. 162086 ), and People v Stovall , 510 Mich ––––, ––– N.W.2d ––––, 2022 WL 3007491 (2022) (Docket No. 162425 ). The motion to stay and hold in abeyance is DENIED as moot.
We do not retain jurisdiction.
Viviano, J., (dissenting).
For the reasons stated in my dissent in People v Stovall , 510 Mich ––––, ––– N.W.2d ––––, 2022 WL 3007491 (2022) (Docket No. 162425 ), I do not believe defendant has overcome the procedural bar to file a successive motion for relief from judgment and would deny leave to appeal under MCR 6.502(G). Even if defendant could overcome the procedural bar, for the reasons stated in Chief Justice CLEMENT ’s dissent in People v Parks , 510 Mich ––––, ––– N.w.2d ––––, 2022 WL 3008548 (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.