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People v. Maben

Supreme Court of Michigan

December 23, 2014

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
v.
JAMES ROBERT MABEN, Defendant-Appellant

COA: 321732. St Clair CC: 13-002103-FH.

Robert P. Young, Jr., Chief Justice. Michael F. Cavanagh, Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Justices.

ORDER

On order of the Court, the motion for leave to file defendant's pro per supplemental brief is GRANTED. The application for leave to appeal the June 26, 2014 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 Court of Appeals for consideration as on leave granted of Issue III in the principal delayed application prepared by appellate defense counsel at the Court of Appeals, alongside Issues I and II, where leave to appeal was previously granted. On remand, the Court of Appeals shall hold this case in abeyance pending this Court's decision in People v Lockridge (Docket No. 149073). After Lockridge is decided, the Court of [497 Mich. 928] Appeals shall consider the defendant's Issue III in light of Lockridge. With respect to all other issues not being addressed by the Court of Appeals, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.


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