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People of Michigan v. Shukur Terome Brown

Citation: Not availableDocket: 153555

Court: Michigan Supreme Court; December 27, 2016; Michigan; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the Michigan Supreme Court reconsidered and vacated its prior order from September 6, 2016, following a motion for reconsideration. The focus of the case was the application for leave to appeal a judgment from the Court of Appeals dated February 25, 2016. The Supreme Court remanded the case to the Genesee Circuit Court to determine whether a materially different sentence would have been imposed under the guidelines established in *People v Lockridge*. This case necessitated that the trial court follow specific procedures to decide if the original sentence should stand or if resentencing was warranted without the unconstitutional constraints that previously limited its discretion. The Supreme Court emphasized that if the trial court concluded the same sentence would be imposed, it could affirm the original sentence. Otherwise, the trial court must resentence the defendant. Additionally, the Supreme Court denied leave to appeal on other issues, as those did not warrant review. The Court does not retain jurisdiction over the matter, indicating the conclusion of its involvement in the case.

Legal Issues Addressed

Denial of Leave to Appeal for Other Issues

Application: The Court determined that the other issues presented in the appeal did not merit further review and thus denied leave to appeal those matters.

Reasoning: The Court denied leave to appeal on all other issues, indicating that those matters did not warrant review.

Discretion in Sentencing

Application: The trial court was instructed to reassess sentencing without unconstitutional constraints, potentially affirming or altering the original sentence based on its discretion.

Reasoning: If the trial court concludes that it would have issued the same sentence without the unconstitutional constraints on its discretion, it may affirm the original sentence.

Remand for Resentencing under *People v Lockridge*

Application: The case was remanded to the Genesee Circuit Court to determine if the sentencing under the guidelines should differ as per *People v Lockridge*, which affected the discretionary power of the trial court.

Reasoning: The purpose of the remand is to assess whether the trial court would have imposed a materially different sentence under the guidelines established in *People v Lockridge*, 498 Mich 358 (2015).

Review and Reconsideration of Prior Orders

Application: The Michigan Supreme Court exercised its discretion to grant a motion for reconsideration and vacate its previous order from September 6, 2016, indicating its willingness to revisit prior decisions in light of new considerations.

Reasoning: The Michigan Supreme Court granted a motion for reconsideration regarding a prior order from September 6, 2016, and vacated that order.