Order Michigan Supreme Court
Lansing, Michigan
September 7, 2012 Robert P. Young, Jr.,
Chief Justice
144384 & (13)(14)(15)(16)(20)(21)(22) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 144384
COA: 304075
Wayne CC: 94-002089
CORTEZ ROLAND DAVIS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motions for immediate consideration and the motion to
intervene are GRANTED. The application for leave to appeal the November 16, 2011
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 Wayne Circuit Court for
reconsideration of the defendant’s successive motion for relief from judgment in light of
Miller v Alabama, 567 US ___; 132 S Ct 2455; 183 L Ed 2d 407 (2012), including the
question whether Miller applies retroactively to cases that have become final on direct
review. The motion to withdraw the application, the motion to concur with the request
for leave, and the motion for stay are DENIED as moot.
We do not retain jurisdiction.
I, Corbin R. Davis, 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.
September 7, 2012 _________________________________________
h0904 Clerk