Opinion
SC: 154994 COA: 325834
09-22-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Robert TAYLOR, Defendant-Appellant.
Order
By order of October 21, 2020, the application for leave to appeal the September 22, 2016 judgment of the Court of Appeals was held in abeyance pending the decision in Jones v. Mississippi , cert gtd ––– U.S. ––––, 140 S.Ct. 1293, 206 L.Ed. 2d 374 (2020) On order of the Court, the case having been decided on April 22, 2021, 593 U.S. ––––, 141 S.Ct. 1307, 209 L.Ed.2d 390 (2021), the application is again considered, together with the motion to supplement. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
The motion to supplement is GRANTED to the extent that the appellant, by counsel of record, shall file a supplemental brief addressing whether, in exercising its discretion to impose a sentence of life without parole (LWOP), the trial court properly considered the "factors listed in Miller v. Alabama , , 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012)" as potentially mitigating circumstances. MCL 769.25(6). See also People v. Skinner , 502 Mich. 89, 113-116, 917 N.W.2d 292 (2018). In particular, the parties shall address: (1) which party, if any, bears the burden of proof of showing that a Miller factor does or does not suggest a LWOP sentence; (2) whether the sentencing court gave proper consideration to the defendant's "chronological age and its hallmark features," Miller , 567 U.S. at 477-478, 132 S.Ct. 2455, by focusing on his proximity to the bright line age of 18 rather than his individual characteristics; and (3) whether the court properly considered the defendant's family and home environment, which the court characterized as "far from optimal," as weighing against his potential for rehabilitation. The appellant's brief shall be filed by December 20, 2021, with no extensions except upon a showing of good cause. 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.
The Criminal Defense Attorneys of Michigan, the Prosecuting Attorneys Association 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 issues presented in this case may move the Court for permission to file briefs amicus curiae.