Order Michigan Supreme Court
Lansing, Michigan
November 6, 2013 Robert P. Young, Jr.,
Chief Justice
145127 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano,
Plaintiff-Appellant, Justices
v SC: 145127
COA: 307416
Monroe CC: 10-038504-FC
KEVIN ALLEN FERGUSON,
Defendant-Appellee.
_________________________________________/
By order of July 24, 2012, the application for leave to appeal the February 8, 2012
order of the Court of Appeals was held in abeyance pending the decision in People v
Glenn (Docket No. 144979) and People v Hardy (Docket No. 144327). On order of the
Court, the cases having been decided on July 29, 2013, 494 Mich 430 (2013), the
application is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting
leave to appeal, we VACATE the order of the Court of Appeals and we REMAND this
case to the Court of Appeals for reconsideration in light of Hardy and Glenn.
We do not retain jurisdiction.
I, Larry S. Royster, 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 6, 2013
h1030
Clerk