Order Michigan Supreme Court
Lansing, Michigan
April 25, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
150471 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 150471
COA: 315843
Wayne CC: 12-008623-FC
TARA LAVETTE SULLIVAN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 28, 2014
judgment of the Court of Appeals is considered and, in lieu of granting leave to appeal,
we REVERSE in part the judgment of the Court of Appeals, and we REMAND this case
to the Wayne Circuit Court to determine whether the court would have imposed a
materially different sentence under the sentencing procedure described in People v
Lockridge, 498 Mich 358, 388-389 (2015). On remand, the trial court shall follow the
procedure described in Part VI of our opinion. If the trial court determines that it would
have imposed the same sentence absent the unconstitutional constraint on its discretion, it
may reaffirm the original sentence. If, however, the trial court determines that it would
not have imposed the same sentence absent the unconstitutional constraint on its
discretion, it shall resentence the defendant. 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.
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.
April 25, 2016
s0414p
Clerk