Opinion
Docket No. 152448 COA No. 317892
01-24-2017
Order
On order of the Court, the joint motion for immediate consideration is GRANTED in part. The application for leave to appeal the August 20, 2015 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address whether the decision to sentence a person under the age of 18 to a prison term of life without parole under MCL 769.25 must be made by a jury beyond a reasonable doubt, see Apprendi v. New Jersey , 530 U.S. 466, 476, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), in light of Montgomery v. Louisiana , 577 U.S. ––––, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016), and Miller v. Alabama , 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012).
We direct the Clerk to schedule the oral argument in this case for the same future session of the Court when it will hear oral argument in People v. Hyatt (Docket No. 153081).
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys Association of Michigan 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.