Opinion · Michigan Supreme Court
People of Michigan v. Mohammad Masroor
People of Mich. v. Mohammad Masroor, 499 Mich. 934 (Mich. 2016)
- Type
- Opinion
- Court
- Michigan Supreme Court
- Jurisdiction
- Michigan
- Date
- 2016-05-25
- Topic
- general
holding that because scoring the OVs remains relevant under People v Lockridge, 498 Mich 358; 870 NW2d 502 (2015), the standards of review traditionally applied to the trial court’s scoring of the OVs remain viable | holding that because scoring the OVs remains relevant under People v Lockridge, 498 Mich 358; 870 NW2d 502 (2015), the standards of review traditionally applied to the trial court’s scoring of the OVs remain viable | “Under MCL 767.40a, the prosecutor has a duty to disclose all known res gestae witnesses, to update the list as additional witnesses become known, and to provide to the defendant a list of witnesses the prosecution intends to call at trial.”
Citator
- Cited by
- 63 opinions
reported below: 313 Mich App 1. On order of the Court, the applications for leave to appeal the October 22, 2015 judgment of the Court of Appeals in People v Steanhouse (Docket No. 152671 and Docket No. 152849) and the applications for leave to appeal the November 24, 2015 judgment of the Court of Appeals in People v Masroor (Docket Nos. 152871-3 and Docket Nos. 152946-8) are considered. Leave to appeal is granted in Steanhouse in Docket No. 152849 and in Masroor in Docket Nos. 152946-8, and the cases shall be argued and submitted to the Court together at such future session of the Court as both cases are ready for submission. The parties in each case shall address: (1) whether MCL 769.34(2) and (3) remain in full force and effect where the defendant’s guidelines range is not dependent on judicial fact-finding, see MCL 8.5; (2) whether the prosecutor’s application asks this Court in effect to overrule the remedy in People v Lockridge, 498 Mich 358, 391 (2015), and, if so, how stare decisis should affect this Court’s analysis; (3) whether it is proper to remand a case to the circuit court for consideration under Part VI of this Court’s opinion in People v Loekridge where the trial court exceeded the defendant’s guidelines range; and (4) what standard applies to appellate review of sentences following the decision in People v Lockridge.
The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae addressing the four issues set forth above. Other persons or groups interested in the determination of the issues presented in these cases may move the Court for permission to file briefs amicus curiae. Motions for permission to file briefs amicus curiae and briefs amicus curiae regarding these two cases should be filed in Steanhouse Docket No. 152849 only and served on the parties in both cases.
The total time allowed for oral argument by the parties shall be 60 minutes, with 15 minutes for each party. MCR 7.314(B). Following the arguments by the parties, we invite the Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan to participate in oral argument to address the first and fourth issues set forth above. Each shall be permitted 10 minutes of argument.
*935 The other applications for leave to appeal (Steanhouse Docket No. 152671 and Masroor Docket Nos. 152871-3) remain pending.