People of the State of Michigan v. Douglas Lance Weisert

Summary

The Supreme Court of Michigan denied Douglas Lance Weisert's applications for leave to appeal from a Court of Appeals judgment concerning the treatment of predicate felony convictions underlying a felony-murder conviction. Chief Justice Kelly concurred, stating that the law in effect at sentencing controlled and that People v. Wilder bound the trial court. Justice Corrigan, joined by Justice Markman, separately concurred while criticizing the Court of Appeals for disregarding the intervening decision in People v. Ream.

Holdings

1. The Michigan Supreme Court denied defendant's application for leave to appeal because it was not persuaded that the questions presented should be reviewed.
2. In Chief Justice Kelly's nonbinding concurrence, she stated that the law in effect when the crimes were committed governs sentencing, that Wilder controlled when defendant was sentenced, and that the Court of Appeals therefore should not have relied on Ream, which was decided later.
3. In Justice Corrigan's nonbinding concurrence, she stated that if the Court of Appeals believed Ream did not govern because it was decided after sentencing, it should at least have acknowledged Ream and explained why it did not apply.

Questions Presented

1. Whether the Michigan Supreme Court should grant leave to appeal from the Court of Appeals' decision concerning correction of defendant's judgment of sentence and vacation of the predicate felony convictions.
2. Whether the Court of Appeals properly declined to apply People v. Ream, which was decided after defendant's sentencing but before the Court of Appeals issued its opinion.

Disposition

other