Order Michigan Supreme Court
Lansing, Michigan
December 23, 2014 Robert P. Young, Jr.,
Chief Justice
149843 & (22) Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano,
Plaintiff-Appellee, Justices
v SC: 149843
COA: 321732
St Clair CC: 13-002103-FH
JAMES ROBERT MABEN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for leave to file defendant’s pro per
supplemental brief is GRANTED. The application for leave to appeal the June 26, 2014
order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for
consideration as on leave granted of Issue III in the principal delayed application
prepared by appellate defense counsel at the Court of Appeals, alongside Issues I and II,
where leave to appeal was previously granted. On remand, the Court of Appeals shall
hold this case in abeyance pending this Court’s decision in People v Lockridge (Docket
No. 149073). After Lockridge is decided, the Court of Appeals shall consider the
defendant’s Issue III in light of Lockridge. With respect to all other issues not being
addressed by the Court of Appeals, 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.
December 23, 2014
t1217
Clerk