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In re Miller

Court of Appeals of Michigan
Feb 24, 2022
No. 359565 (Mich. Ct. App. Feb. 24, 2022)

Opinion

359565

02-24-2022

In re Parole of Mark William Miller


LC No. 21-003935-AP

James Robert Redford Presiding Judge, Jane E. Markey, Douglas B. Shapiro Judges

ORDER

The motion for immediate consideration is GRANTED.

Pursuant to MCR 7.205(E)(2), in lieu of granting leave to appeal, the Court VACATES the October 28, 2021 order to the extent that the order reversed the decision of the parole board and failed to retain jurisdiction, and this Court REINSTATES the parole board's decision and REMANDS to the trial court for a review of the parole board's decision on the merits, under the standards in MCR 7.118(H)(3), including a review of any additional explanation offered by the parole board on remand from the circuit court. The trial court concluded that the parole board's decision contained inadequate information to enable meaningful appellate review, and the appropriate action in these circumstances was to remand the matter, under MCR 7.118(H)(4), to the parole board for an additional explanation of its decision. However, the circuit court appeal should have remained pending while the parole board's additional review was ongoing, see MCR 7.118(H)(4)(a) and (b), and the trial court thus erred by reversing the parole board's decision and remanding to the parole board for additional proceedings without retaining jurisdiction. On remand, consistent with MCR 7.118(H)(3) and (4), the trial court shall review the parole board's decision on the merits, including a review of any additional explanation offered by the parole board on remand from the circuit court.

We do not retain jurisdiction. This order is to have immediate effect. MCR 7.215(F)(2).


Summaries of

In re Miller

Court of Appeals of Michigan
Feb 24, 2022
No. 359565 (Mich. Ct. App. Feb. 24, 2022)
Case details for

In re Miller

Case Details

Full title:In re Parole of Mark William Miller

Court:Court of Appeals of Michigan

Date published: Feb 24, 2022

Citations

No. 359565 (Mich. Ct. App. Feb. 24, 2022)