People v. Carp

On order of the Court, the motion for leave to file a brief amicus curiae is GRANTED. The application for leave to appeal the November 15, 2012 judgment of the Court of Appeals is considered, and it is GRANTED, limited to whether Miller v. Alabama, ––– U.S. ––––, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), applies retroactively under federal law, per Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989), and/or retroactively under state law, per People v. Maxson, 482 Mich. 385, 759 N.W.2d 817 (2008), to cases that have become final after the expiration of the period for direct review.

We direct the Clerk to schedule the oral argument in this case for the same future session of this Court when it will hear oral argument in People v. Eliason (Docket No. 147428) and People v. Davis (Docket No. 146819). The Court will issue a separate scheduling order specifying the parameters for oral argument, including time limits, allocation of time, and additional parties invited to participate in oral argument.