Opinion
SC: 160962 COA: 351347
12-09-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Terico Lewis ALLEN, Defendant-Appellant.
Order
By order of July 16, 2021, the application for leave to appeal the January 24, 2020 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 ––––, 977 N.W.2d 530 (2022), the application is again 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). The motion to remand and for appointment of an expert is DENIED.
We do not retain jurisdiction.
Viviano, J. (concurring in part and dissenting in part).
I concur in the denial of the motion to remand and for appointment of an expert. But 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 of life without parole for a defendant who committed first-degree murder when he was 18 years old is unconstitutional. Therefore, I respectfully dissent from the order remanding to the Court of Appeals and would instead deny leave to appeal on this issue.