Opinion
SC: 163858 COA: 349544.
04-04-2023
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Montario Marquise TAYLOR, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the October 21, 2021 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE Part II.D. of the judgment of the Court of Appeals, and we REMAND this case to the Court of Appeals for reconsideration in light of People v Parks, 510 Mich. 225 (2022). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.
We do not retain jurisdiction.
Zahra, J. (concurring in part and dissenting in part).
I dissent from the part of this Court's order vacating the judgment of the Court of Appeals and remanding the case to that court for reconsideration in light of People v Parks, 510 Mich. 225 (2022), which held that Const. 1963, art. 1, § 16 bars mandatory life-without-parole sentences for 18-year-old homicide offenders. Because defendant was over the age of 18 at the time he committed first-degree murder, he is not entitled to relief under Parks. Therefore, I would deny leave on all the issues raised in defendant's application.
Viviano, J. (concurring in part and dissenting in part).
For the reasons stated in Chief Justice CLEMENT's dissent in People v Parks, 510 Mich. 225 (2022), I do not believe that a mandatory sentence to life without parole for a defendant who committed first-degree murder when he was over the age of 17 is unconstitutional. Therefore, I would deny leave to appeal on all of the issues raised by defendant.