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A Better Partnership
March 30, 2010

MSC Order List: March 29, 2010

On Monday, March 29, 2010, the Michigan Supreme Court denied 151 applications for leave to appeal, denied 18 motions for reconsideration, dismissed one case on stipulation of the parties, and directed former appellate counsel to file a supplemental brief in People v. LaRose, Case No. 139699, addressing his reason(s) for failing to file a motion for resentencing and application for leave to appeal within the deadlines set forth in MCR 7.205(F).' The Court also issued an order holding the case of Handley v. City of Ann Arbor in abeyance pending a decision in Gadigan v. City of Taylor, Case No. 138323.' Our post on the issues presented in Gadigian can be found here.

The Court also took substantive' action in two criminal cases.' In People v. Hiester, Case No. 139563, the Court remanded the case back to the Muskegon County Circuit Court to determine whether sentence credit should be granted under MCL '' 769.11b for the time the defendant was imprisoned while awaiting extradition to Michigan.'

In People v. Feliciano, Case No. 139701, in lieu of granting leave to appeal, the Court remanded the case to the Wayne County Circuit Court for entry of an amended Judgment of Sentence.' The Court ruled that the defendantƒ''s 15-to-20 year sentence for burning personal property valued at over $20,000, receiving and concealing stolen property, and disinterment or mutilation of a human body violated the two-thirds rule articulated in People v. Tanner, 387 Mich. 683, 690 (1972) and codified in MCL '' 769.34(2)(b).' Under that rule, the minimum term for an indeterminate sentence may not exceed two-thirds of the maximum, even for a third habitual offender.' Here, because the statutory maximum for each of these offenses is 20 years, the longest minimum sentence the defendant could receive is 13 years and 4 months.' The trial court was directed to amend the Judgment of Sentence accordingly.

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