People v. Davis, Docket No. 144384.
| Decision Date | 07 September 2012 |
| Docket Number | Docket No. 144384.,COA No. 304075. |
| Citation | 820 N.W.2d 167,492 Mich. 871 |
| Parties | PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Cortez Roland DAVIS, Defendant–Appellant. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
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 U.S. ––––, 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.
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People v. People
...of Miller, Davis's case was remanded to the trial court for a determination of whether Miller applied retroactively. People v. Davis, 492 Mich. 871, 820 N.W.2d 167 (2012). On remand, the trial court concluded that Miller did apply retroactively, entitling Davis to be resentenced. The prosec......
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