Opinion
Docket No. 147428. COA No. 302353.
2014-10-22
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Dakotah Wolfgang ELIASON, Defendant–Appellant.
Prior report: 495 Mich. 891, 839 N.W.2d 193.
Order
On order of the Court, the motion for rehearing and/or clarification is considered. On November 6, 2013, this Court granted the defendant's application for leave to appeal limited to “(1) whether the Court of Appeals correctly applied Miller v. Alabama, 567 U.S. ––––, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), to Michigan's sentencing scheme for first-degree murder; (2) whether that sentencing scheme amounts to cruel or unusual punishment under Const 1963, art 1, § 16 as applied to defendants under the age of 18; and (3) what remedy is required for defendants whose sentences have been found invalid under Miller or Const. 1963, art. 1, § 16.” People v. Eliason, 495 Mich. 891, 839 N.W.2d 193 (2013). With regard to the other issues that were raised in the defendant's application for leave to appeal but not addressed in this Court's prior opinion, leave to appeal is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. In all other respects, the motion for rehearing and/or clarification is DENIED.