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November 22, 2011

MSC Order List: November 21, 2011

On Monday, November 21, 2011, the Michigan Supreme Court denied 105 applications for leave to appeal, 14 motions for reconsideration, and one motion by a prisoner-appellant to waive the mandatory filing fees. The Court also ordered that the case of People v. Hammand, Case No. 143602, would be held in abeyance pending the Court's decision in People v. Pullen, Case No. 142751 and People v. Watkins, Case No. 142031, which we discussed in a previous post.

The Court also ruled that two criminal cases, People v. Pennebaker, Case No. 143706, and People v. Croff, 143536, would be remanded to the Court of Appeals for consideration as on leave granted. In Croff, the Court vacated the Court of Appeals' order because it was insufficient to allow for meaningful appellate review. Specifically, the Court of Appeals remanded the case back to the trial court for resentencing within the applicable guideline range, but failed to articulate why the trial court initially erred or what standard the Court of Appeals used to review the trial court's initial sentence.

Finally, the Court remanded People v. Littleton, Case No. 143465, to the Wayne County Circuit Court for resentencing. On remand, the Court ordered the trial court to impose a sentence of 12 to 48 months. This was the sentence evaluation offered by the sentencing court prior to the defendant's plea, pursuant to People v. Cobbs, 443 Mich. 276 (1993).

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