Opinion
Docket No. 150789. COA No. 315027.
2015-10-30
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Charles Jerome DOUGLAS, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the August 7, 2014 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing whether People v. Lockridge, 498 Mich. 358, 870 N.W.2d 502 (2015), by rendering the sentencing guidelines advisory and/or by employing a remedy that does not mandate resentencing, affects (1) whether a defendant can be afforded relief for an unpreserved meritorious challenge to the scoring of offense variables through a claim of ineffective assistance of counsel, see People v. Francisco, 474 Mich. 82, 89 n. 8, 711 N.W.2d 44 (2006); and (2) the scope of relief, if any, to which a defendant is entitled when the defendant raises a meritorious challenge to the scoring of an offense variable, whether preserved or unpreserved, and the error changes the applicable guidelines range, whether the defendant's sentence falls within the corrected range or not. See id. at 89–90, 711 N.W.2d 44; see also People v. Kimble, 470 Mich. 305, 310, 684 N.W.2d 669 (2004). The parties should not submit mere restatements of their application papers.
The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs 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.