Order Michigan Supreme Court
Lansing, Michigan
March 29, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
151002 & (13)(14) Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Plaintiff-Appellee, Justices
v SC: 151002
COA: 324638
Wayne CC: 98-006537-FC
JEROME WALKER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 15, 2015
order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of
granting leave to appeal, we VACATE the sentence of the Wayne Circuit Court on the
defendant’s first-degree murder conviction, and we REMAND this case to the trial court
for resentencing on that conviction pursuant to MCL 769.25 and MCL 769.25a. See
Miller v Alabama, 567 US ___; 132 S Ct 2455; 183 L Ed 2d 407 (2012); Montgomery v
Louisiana, 577 US ___; 136 S Ct 718; 193 L Ed 2d 599 (2016). The motion to hold
application in abeyance is treated as a motion to add issue and is GRANTED. The
motions for peremptory reversal and for stay are DENIED. In all other respects, leave to
appeal is DENIED, because the defendant has failed to meet the burden of establishing
entitlement to relief under MCR 6.508(D).
We do not retain jurisdiction.
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.
March 29, 2016
d0321
Clerk