Opinion
SC 163290 COA 351700
12-21-2022
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. RICHARD GERALD MUSSELMAN, Defendant-Appellant.
Saginaw CC: 80-000118-FY
Elizabeth T. Clement, Chief Justice Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
By order of January 26, 2022, the application for leave to appeal the May 20, 2021 judgment of the Court of Appeals was held in abeyance pending the decision in People v Taylor (Docket No. 154994). On order of the Court, the case having been decided on July 28, 2022, 510 Mich. ___(2022), the application is again considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The parties shall file supplemental briefs in accordance with MCR 7.312(E), addressing whether the resentencing court abused its discretion in the relative value it placed on the evidence of the appellant's character and behavior before and during the crime, which took place in 1980, in light of the more recent evidence regarding his rehabilitation.
The Prosecuting Attorneys Association of Michigan, the Criminal Defense Attorneys of Michigan, and the University of Michigan Juvenile Justice Clinic are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issue presented in this case may move the Court for permission to file briefs amicus curiae.
Viviano, J., would deny leave to appeal.