Order Michigan Supreme Court
Lansing, Michigan
April 1, 2014 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
147415 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 147415
COA: 308654
Kent CC: 11-007667-FC
MELVIN JAMES MARSHALL,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 4, 2013
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we VACATE in part the judgment of the Court of
Appeals and we REMAND this case to the Court of Appeals for reconsideration in light
of People v Hardy, 494 Mich 430, 438 (2013), and People v Osantowski, 481 Mich 103,
111 (2008). Determining whether a trial court properly scored sentencing variables is a
two-step process. First, the trial court’s factual determinations are reviewed for clear
error and must be supported by a preponderance of the evidence. Hardy, 494 Mich at
438. The clear error standard asks whether the appellate court is left with a definite and
firm conviction that a mistake has been made. See Douglas v Allstate Ins Co, 492 Mich
241, 256-257 (2012). Second, the appellate court considers de novo “[w]hether the facts,
as found, are adequate to satisfy the scoring conditions prescribed by statute . . . .”
Hardy, 494 Mich at 438. 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.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
April 1, 2014
s0325
Clerk