People of Michigan v. Lamar Quantrell Roberts

Order Michigan Supreme Court
Lansing, Michigan
November 2, 2007 Clifford W. Taylor,
Chief Justice
130207 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 130207
COA: 252100
Wayne CC: 02-014804-02
LAMAR QUANTRELL ROBERTS,
Defendant-Appellant.
_________________________________________/
By order of September 14, 2006, the application for leave to appeal the November
1, 2005 judgment of the Court of Appeals was held in abeyance pending the decision in
People v Smith (Docket No. 130353). On order of the Court, the case having been
decided on June 20, 2007, 478 Mich 292 (2007), the application is again considered, and
it is DENIED, because we are not persuaded that the questions presented should be
reviewed by this Court.
CORRIGAN, J. concurs and states as follows:
I join the order denying leave to appeal. I write separately only to observe that, in
an appropriate case, this Court should address whether to apply the rationale of People v
Smith, 478 Mich 292 (2007), to a case where the defendant was convicted of felony
murder and the predicate felony. In light of our decision in Smith, the holding in People
v Wilder, 411 Mich 328 (1981), is now in question. But because the defendant in Smith
had not been convicted of the predicate felony, we did not in that case consider whether
Wilder should be overruled. Although we should address this issue in an appropriate
case, defendant here failed to preserve the Wilder issue. Therefore, I concur in the denial
of leave to appeal.
KELLY, J., would remand this case for correction of the judgment of sentence.
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 2, 2007 _________________________________________
p1030 Clerk