Order Michigan Supreme Court
Lansing, Michigan
March 31, 2021 Bridget M. McCormack,
Chief Justice
161744 Brian K. Zahra
David F. Viviano
Richard H. Bernstein
Elizabeth T. Clement
Megan K. Cavanagh
PEOPLE OF THE STATE OF MICHIGAN, Elizabeth M. Welch,
Plaintiff-Appellee, Justices
v SC: 161744
COA: 349359
Wayne CC: 18-006845-FC
DAVID ARNOLD CLIFFORD,
Defendant-Appellant.
_______________________________________/
On order of the Court, the application for leave to appeal the May 28, 2020 judgment
of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting
leave to appeal, we REVERSE that part of the Court of Appeals judgment ordering
reinstatement of the identity theft charge. As explained by dissenting Judge Jansen, in the
absence of evidence that the decedent did not actually use or authorize the use of his bank
card, there was not probable cause to bind over the defendant on the identity theft charge.
In all other respects, leave to appeal is DENIED, because we are not persuaded that the
remaining question presented should be reviewed by this Court.
We do not retain jurisdiction.
ZAHRA, J., did not participate due to a familial relationship with counsel of record.
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.
March 31, 2021
b0324
Clerk