DocketNumber： 141174
Filed Date： 7/25/2011
Status： Precedential
Modified Date： 10/30/2014
Order Michigan Supreme Court Lansing, Michigan July 25, 2011 Robert P. Young, Jr., Chief Justice 141174 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway PEOPLE OF THE STATE OF MICHIGAN, Mary Beth Kelly Plaintiff-Appellee, Brian K. Zahra, Justices v SC: 141174 COA: 296850 Muskegon CC: 09-057368-FH; 09-057533-FH JAMES EARL McCLENDON III, Defendant-Appellant. _________________________________________/ By order of April 5, 2011, the application for leave to appeal the April 19, 2010 order of the Court of Appeals was held in abeyance pending the decision in Davis v United States, cert gtd ___ US ___;131 S Ct 502
;178 L Ed 2d 368
(2010). On order of the Court, the case having been decided on June 16, 2011, ___ US ___;131 S Ct 2419
; __ L Ed 2d __ (2011), the application is again considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court. ZAHRA, J., did not participate because he was on the Court of Appeals panel. 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. July 25, 2011 _________________________________________ p0718 Clerk