April 28, 2015
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
RICHARD ALLEN SIMMONS, Defendant-Appellant
COA: 303201. Lake CC: 86-002451-FC.
Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.
By order of November 6, 2013, the application for leave to appeal the September 13, 2012 judgment of the Court of Appeals was held in abeyance pending the decisions in People v Carp (Docket No. 146478) and People v Eliason (Docket No. 147428). On order of the Court, the cases having been decided on July 8, 2014, 496 Mich. 440; 852 N.W.2d 801 (2014), the application is again considered. It appearing to this Court that the case of Montgomery v Louisiana, cert gtd
__ U.S. __; __ S.Ct. __; __ L.Ed.2d __ (2015), is pending before the United States Supreme Court, and that the decision in that case may resolve an issue raised in the present application for leave to appeal, we ORDER that the application be held in ABEYANCE pending the decision in that case.