People of Michigan v. Devon Howard ( 2008 )

Order Michigan Supreme Court
Lansing, Michigan
November 26, 2008 Clifford W. Taylor,
Chief Justice
137685 & (10) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman,
Plaintiff-Appellant, Justices
v SC: 137685
COA: 288724
Oakland CC: 2008-221695-FH
DEVON HOWARD,
Defendant-Appellee.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the November 10, 2008 order of the Court of Appeals
is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we
REMAND this case to the Court of Appeals for consideration as on leave granted to
determine whether the trial court followed the standards set forth in MCR 6.201(C)(2)
and People v Stanaway, 446 Mich 643 (1994), in granting an in camera review of
privileged materials. The proceedings in the Oakland Circuit Court are stayed pending
the completion of this appeal. On motion of a party or on its own motion, the Court of
Appeals may modify, set aside, or place conditions on the stay if it appears that the
appeal is not being vigorously prosecuted or if other appropriate grounds appear.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
November 26, 2008 _________________________________________
p1125 Clerk