Order Michigan Supreme Court
Lansing, Michigan
December 28, 2011 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
143913 & (25)(26) Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Justices
Plaintiff-Appellee,
v SC: 143913
COA: 301972
Wayne CC: 04-003088-FH
THOMAS JAMES WALLACE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the August 30, 2011 order of the Court of Appeals is
considered, and it is DENIED, because the defendant has failed to meet the burden of
establishing entitlement to relief under MCR 6.508(D). The motion for appointment of
counsel is DENIED.
CAVANAGH and MARILYN KELLY, JJ., would grant leave to appeal.
HATHAWAY, J., not participating. Justice Hathaway recuses herself and will not
participate in this case as she was the presiding trial court judge. See MCR 2.003(B).
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.
December 28, 2011 _________________________________________
d1219 Clerk