MacOmb Cnty. Prosecuting Attorney v. Irwin (In Re Irwin)

Order Michigan Supreme Court Lansing, Michigan June 12, 2019 Bridget M. McCormack, Chief Justice 158077 David F. Viviano, Chief Justice Pro Tem Stephen J. Markman In re PAROLE OF RONALD IRWIN. Brian K. Zahra _________________________________________ Richard H. Bernstein Elizabeth T. Clement MACOMB COUNTY PROSECUTING Megan K. Cavanagh, Justices ATTORNEY, Appellee, v SC: 158077 COA: 342963 Macomb CC: 2017-000053-AP RONALD IRWIN, Appellant, _________________________________________ PAROLE BOARD, Intervenor. _________________________________________/ On order of the Court, the application for leave to appeal the June 7, 2018 order of the Court of Appeals is considered and, pursuant to MCR 7.305(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 whether the Parole Board clearly abused its discretion by granting parole. We note that a similar issue was presented in In re Parole of Layman (Docket No. 157104), which we remanded to the Court of Appeals for consideration as on leave granted by order dated April 3, 2018, and which was decided in In re Parole of Layman, unpublished per curiam opinion of the Court of Appeals, issued September 20, 2018 (Docket No. 341112). Further, we note that a similar issue is presented in In re Parole of Plunkett (Docket No. 159032), which we remanded to the Court of Appeals for consideration as on leave granted by order dated June 12, 2019. 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. VIVIANO, J. did not participate because he presided in the circuit court as the sentencing judge in the underlying criminal case. 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. June 12, 2019 t0605 Clerk