Order Michigan Supreme Court
Lansing, Michigan
November 29, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
153694 David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
Elizabeth T. Clement,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 153694
COA: 325192
Ionia CC: 2014-015993-FH
KYLE BRANDON RICHARDS,
Defendant-Appellant.
_________________________________________/
By order of January 31, 2017, the application for leave to appeal the April 26,
2016 judgment of the Court of Appeals was held in abeyance pending the decisions in
People v Steanhouse (Docket No. 152849) and People v Masroor (Docket Nos. 152946-
8). On order of the Court, the cases having been decided on July 24, 2017, 500 Mich 453
(2017), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of
granting leave to appeal, we REVERSE that part of the judgment of the Court of Appeals
remanding this case to the trial court for proportionality review, and we REMAND this
case to the Court of Appeals for plenary review of whether the defendant’s sentence was
disproportionate under the standard set forth in People v Milbourn, 435 Mich 630, 636
(1990). See People v Steanhouse, 500 Mich at 460-461. 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.
CLEMENT, J., did not participate.
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.
November 29, 2017
s1120
Clerk