Order Michigan Supreme Court
Lansing, Michigan
September 17, 2014 Robert P. Young, Jr.,
Chief Justice
Rehearing No. 598 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
146867 Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
MATTHEW MAKOWSKI, Justices
Plaintiff-Appellant,
v SC: 146867
COA: 307402
Ingham CC: 11-000579-CZ
GOVERNOR and SECRETARY OF STATE,
Defendants-Appellees.
_________________________________________/
On order of the Court, the motion for clarification or rehearing is considered and,
pursuant to MCR 7.302(H)(1), in lieu of granting the motion, we amend the last sentence
of the opinion to state as follows:
Accordingly, we reverse the judgment of the Court of Appeals. Consistent
with the undisputed language of plaintiff’s commutation, we further order
the Department of Corrections to reinstate plaintiff’s sentence to a
minimum term of years — equivalent to the amount of time served as of the
date of the Michigan Parole and Commutation Board’s decision to
recommend that plaintiff’s sentence be commuted — to a maximum of life,
and remand plaintiff to the jurisdiction of the parole board. 9
MCCORMACK, J., not participating because of her prior involvement in this case.
9
While the actual language of the commutation in this case is assumed, defendants
affirmatively argued that, if effective, the commutation document would grant plaintiff a
term-of-years sentence.
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.
September 17, 2014
t0910
Clerk
Matthew Makowski v. Governor
Combined Opinion