Opinion
362262
10-14-2022
In re Parole of Evans Karson
LC No. 21-014726-AP
Christopher M. Murray Presiding Judge Kirsten Frank Kelly Thomas C. Cameron Judges
ORDER
The motion for immediate consideration is GRANTED.
Pursuant to MCR 7.205(E)(2), in lieu of granting the application, the circuit court's June 29, 2022 order reversing the decision of the Parole Board is VACATED, and the matter REMANDED to the Parole Board for further proceedings. At the time the Parole Board decided to grant parole, Mr. Karson's parole guidelines were scored at +5, which corresponds to a high probability of parole. See In re Parole of Haeger, 294 Mich.App. 549, 560-561 and n 8; 813 N.W.2d 313 (2011). Pursuant to MCL 791.233e(6), the Parole Board thus could not deny parole without "substantial and compelling objective reasons stated in writing." Further, the Legislature has limited what considerations amount to "substantial and compelling objective reasons" to deny parole to a prisoner with a high probability of parole. See MCL 791.233e(7). In other words, Mr. Karson's parole guidelines score of +5 significantly limited the Parole Board's ability to deny parole. However, after the decision to grant parole was appealed, a scoring error was discovered; Mr. Karson's parole guidelines score was actually +2, which corresponds to an average probability of parole. See In re Parole of Haeger, 294 Mich.App. at 560-561 and n 8. The Parole Board was presented with that correction, and asked whether this new information affected its decision. The Parole Board's response was to let the action stand, with the explanation, "new information does not change previous decision." Given that the scoring change affects the entire framework for determining whether to grant parole, see MCL 791.233e(6) and (7), that explanation is not sufficient. We thus remand the matter to the Parole Board, which shall provide a detailed explanation regarding why, in light of the correction of Mr. Karson's parole guidelines, granting parole is still justified.
This order shall have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.