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Macomb Cnty. Prosecutor v. McBrayer (In re McBrayer)

Supreme Court of Michigan
Sep 30, 2022
SC 164311 (Mich. Sep. 30, 2022)

Opinion

SC 164311 (50) COA 357720

09-30-2022

In re PAROLE OF RICHARD ALLEN McBRAYER. v. RICHARD ALLEN McBRAYER, Defendant-Appellant, MACOMB COUNTY PROSECUTOR, Plaintiff-Appellee, and MICHIGAN PAROLE BOARD, Defendant.


Macomb CC: 2020-000063-AP

Bridget M. McCormack, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices

ORDER

On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the March 10, 2022 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The parties shall include among the issues to be briefed: (1) whether "substantial and compelling" circumstances existed such that the Parole Board erred in failing to deviate from the guidelines; (2) whether and to what extent the Parole Board was required to consider the appellate opinions reversing its prior grants of parole to the appellant; and (3) whether and to what extent those prior appellate opinions should inform review of the Parole Board's most recent exercise of discretion.

The Prisons and Corrections Section of the State Bar of Michigan is invited to file a brief amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.


Summaries of

Macomb Cnty. Prosecutor v. McBrayer (In re McBrayer)

Supreme Court of Michigan
Sep 30, 2022
SC 164311 (Mich. Sep. 30, 2022)
Case details for

Macomb Cnty. Prosecutor v. McBrayer (In re McBrayer)

Case Details

Full title:In re PAROLE OF RICHARD ALLEN McBRAYER. v. RICHARD ALLEN McBRAYER…

Court:Supreme Court of Michigan

Date published: Sep 30, 2022

Citations

SC 164311 (Mich. Sep. 30, 2022)