Summary Disposition July 20, 2016:

Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we vacate the order of the Court of Appeals, and we remand this case to the Court of Appeals for further consideration. On remand, we direct the Court of Appeals to issue an opinion specifically addressing the issue whether the order in question may affect the custody of a minor within the meaning of MCR 7.202(6)(a)(iii), or otherwise be appealable by right under MCR 7.203(A). If the Court of Appeals determines that the Wayne Circuit Court Family Division‘s order is appealable by right, it shall take jurisdiction over the plaintiff-appellant‘s claim of appeal and address its merits. If the Court of Appeals determines that the Wayne Circuit Court Family Division‘s order is not appealable by right, it may then dismiss the plaintiff-appellant‘s claim of appeal for lack of jurisdiction, or exercise its discretion to treat the claim of appeal as an application for leave to appeal and grant the application. See Varran v Granneman (On Remand), 312 Mich App 591 (2015), and Wardell v Hincka, 297 Mich App 127, 133 n 1 (2012). We do not retain jurisdiction.

In re REQUEST FOR ADVISORY OPINION REGARDING CONSTITUTIONALITY OF 2016 PA 249

No. 154085

Supreme Court of Michigan

July 20, 2016

Order Entered July 20, 2016:

On order of the Court, the request by the Governor for an advisory opinion on the constitutionality of Section 152b contained in 2016 PA 249 is considered. We invite the Governor and any member of the House or Senate to file briefs on the following questions: (1) whether the Court should exercise its discretion to grant the Governor‘s request to issue an advisory opinion in this matter; and (2) whether the appropriation to nonpublic schools authorized by Section 152b of 2016 PA 249 would violate Const 1963, art 8, § 2.

We respectfully request the Attorney General to submit separate briefs arguing both sides of the above questions. Other persons or groups interested in the determination of the questions presented in this matter may move the Court for permission to file briefs amicus curiae on either or both sides of the above questions.

All briefs shall be filed no later than August 26, 2016.

The request by the Governor for an advisory opinion remains pending.

PEOPLE v DEMARAY

No. 148841

Supreme Court of Michigan

July 26, 2016

Court of Appeals No. 319352

Summary Disposition July 26, 2016:

Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we remand this case to the Emmet Circuit Court to determine whether the court would have imposed a materially different sentence under the sentencing procedure described in Lockridge, 498 Mich 358 (2015). On remand, the trial court shall follow the procedure described in Part VI of our opinion. If the trial court determines that it would have imposed the same sentence absent the unconstitutional constraint on its discretion, it may reaffirm the original sentence. If, however, the trial court determines that it would not have imposed the same sentence absent the unconstitutional constraint on its discretion, it shall resentence the defendant. On remand, the Emmet Circuit Court shall also consider the defendant‘s issue regarding the assessment of a payment to the “Victims Restitution Fund.” We do not retain jurisdiction.

PEOPLE v WILKINS

No. 149522

Supreme Court of Michigan

July 26, 2016

Court of Appeals No. 320581

Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we remand this case to the Montcalm Circuit Court for consideration of the defendant‘s issue regarding the assessment of court costs. We do not retain jurisdiction.

PEOPLE v JONES

No. 150092

Supreme Court of Michigan

July 26, 2016

Court of Appeals No. 322748

Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we remand this case to the Berrien Circuit Court for consideration of the defendant‘s issue regarding the assessment of court costs. We do not retain jurisdiction.

PEOPLE v QUIJAS

No. 150515

Supreme Court of Michigan

July 26, 2016

Court of Appeals No. 323426

Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we remand this case to the Muskegon Circuit Court for consideration of the defendant‘s issue regarding the assessment of court costs.