Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

Justices 

# Order

May 25, 2016

152671

152849

152871

- 3

152946

- 8

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 152671

COA: 318329

Wayne CC: 11

- 011939

- FC

ALEXANDER JEREMY STEANHOUSE,

Defendant

- Appellant.

_________________________________________/

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellant,

v SC: 152849

COA: 318329

Wayne CC: 11

- 011939

- FC

ALEXANDER JEREMY STEANHOUSE,

Def endant

- Appellee.

_________________________________________/

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 152871

- 3

COA: 322280; 322281; 322282

Wayne CC: 14

- 000869

- FC;

14

- 000858

- FC;

14

- 000857

- FC

MOHAMMAD MASROOR,

Defendant

- Appellant.

_________________________________________/

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellant,

v SC: 152946

- 8

COA: 322280; 322281; 322282

Wayne CC: 14

- 000869

- FC;

14

- 000858

- FC;

14

- 000 857

- FCI, 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.

May 25, 2016

p051 8 2

Clerk MOHAMMAD M ASROOR,

Defendant

- Appellee.

_________________________________________/

On order of the Court, the applications for leave to appeal the October 22, 2015

judgment of the Court of Appeals in People v Steanhouse (Docket No. 152671 and

Docket No. 152849), and the applications for leave to appeal the November 24, 2015

judgment of t he Court of Appeals in People v Masroor (Docket Nos. 152871

- 3 and

Docket Nos. 152946

- 8) are considered. Leave to appeal is GRANTED in Steanhouse in

Docket No. 152849, and in Masroor in Docket Nos. 152946

- 8, and the cases shall be

argued and submitted to t he Court together at such future session of the Court as both

cases are ready for submission. The parties in each case shall address: (1) whether

MCL 769.34(2) and (3) remain in full force and effect where the defendant’s guidelines

range is not dependen t on judicial fact

- finding, see MCL 8.5; (2) whether the

prosecutor’s application asks this Court in effect to overrule the remedy in People v

Lockridge , 498 Mich 358, 391 (2015), and, if so, how stare decisis should affect this

Court’s analysis ; (3) whether it is proper to remand a case to the circuit cour t for

consideration under Part VI of this Court’s opinion in People v Lockridge where the trial

court exceeded the defendant’s guidelines range; and, (4) what standard applies to

appellate revie w of sentences following the decision in People v Lockridge

.

The Prosecuting Attorneys Association of Michigan and the Criminal Defense

Attorneys of Michigan are invited to file briefs amicus curiae addressing the four issues

set forth above. Other pers ons or groups interested in the determination of the issues

presented in these case s may move the Court for permission to file briefs amicus curiae.

Motions for permission to file briefs amicus curiae and briefs amicus curiae regarding

these two cases sho uld be filed in Steanhouse Docket No. 152849 only and served on the

parties in both cases

.

The total time allowed for oral argument by the parties shall be 60 minutes, with

15 minutes for each party. MCR 7.314(B). Following the arguments by the part ies, we

invite the Prosecuting Attorneys Association of Michigan and the Criminal Defense

Attorneys of Michigan to participate in oral argument to address the first and fourth

issues set forth above. Each shall be permitted 10 minutes of argument.

The o ther applications for leave to appeal ( Steanhouse Docket No. 152671 and

Masroor Docket Nos. 152871

- 3) remain pending.