Opinion
SC: 158695 COA: 338360
06-04-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Tyler Maurice TATE, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the September 20, 2018 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
We further ORDER the Wayne Circuit Court, in accordance with Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint the State Appellate Defender Office to represent the defendant in this Court.
The appellant shall file a supplemental brief within 42 days of the date of the order appointing counsel or by September 27, 2021 whichever is later, addressing: (1) whether the Court of Appeals correctly held in People v. Wines , 323 Mich. App. 343, 916 N.W.2d 855 (2018), rev'd in nonrelevant part 506 Mich. 954, 950 N.W.2d 252 (2020), that trial courts must consider the distinctive attributes of youth, such as those discussed in Miller v. Alabama , 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), when sentencing a minor to a term of years pursuant to MCL 769.25a ; (2) if Wines was correctly decided, whether sentencing judges have an obligation to explicitly set forth their analysis of how the defendant's age impacted their sentencing discretion when proceeding under MCL 769.25a or MCL 769.25 ; and (3) if Wines applies to this case, whether the trial court complied with its requirements, and if it did not, what more the court was required to do. In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being served with the appellant's brief. A reply, if any, must be filed by the appellant within 14 days of being served with the appellee's brief. The parties should not submit mere restatements of their application papers.
We further 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. Boykin (Docket No. 157738), ––– Mich. ––––, ––– N.W.2d –––– (2021).
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.