Order Michigan Supreme Court
Lansing, Michigan
July 24, 2012 Robert P. Young, Jr.,
Chief Justice
143339 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 143339
COA: 300641
Kalamazoo CC: 2010-000024-FH
TED ALLEN ANDERSON,
Defendant-Appellant.
____________________________________/
By order of September 26, 2011, the application for leave to appeal the June 7,
2011 judgment of the Court of Appeals was held in abeyance pending the decisions in
People v Kolanek (Docket Nos. 142695, 142712) and People v King (Docket No.
142850). On order of the Court, the cases having been decided on May 31, 2012, 491
Mich ___ (2012), the application is again considered and, pursuant to MCR 7.302(H)(1),
in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals
and we REMAND this case to the Court of Appeals for reconsideration in light of
Kolanek and King.
We further ORDER that the stay entered by this Court on August 23, 2011
remains in effect until 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.
We do not retain jurisdiction.
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 24, 2012 _________________________________________
h0716 Clerk