Opinion
SC: 154111
04-04-2017
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. MICHAEL EUGENE BARNER, Defendant-Appellant.
Order
154111 & (27) Stephen J. Markman, Chief Justice Robert P. Young, Jr. Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen, Justices COA: 330207
Berrien CC: 2011-003033-FC
On order of the Court, the application for leave to appeal the June 17, 2016 order of the Court of Appeals and the motion for relief are considered. We DIRECT the Berrien County Prosecuting Attorney to answer the application for leave to appeal and motion for relief within 28 days after the date of this order. In particular, the prosecuting attorney shall address whether the Court of Appeals improperly treated the defendant's motion for resentencing as a motion for relief from judgment, see Castro v United States, 540 US 375; 124 S Ct 786; 157 L Ed 2d 778 (2003), and, if so, what remedy should be afforded.
The application for leave to appeal and motion for relief remain pending.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.
April 4, 2017
/s/_________
Clerk