Order Michigan Supreme Court
Lansing, Michigan
October 24, 2011 Robert P. Young, Jr.,
Chief Justice
141761 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellant, Justices
v SC: 141761
COA: 289071
Gladwin CC: 08-003915-FH
PAUL ALAN FARQUHARSON,
Defendant-Appellee.
_________________________________________/
By order of December 16, 2010, the application for leave to appeal the July 22,
2010 judgment of the Court of Appeals was held in abeyance pending the decision in
People v Dowdy (Docket No. 140603). On order of the Court, the case having been
decided on July 11, 2011, 489 Mich 373 (2011), 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 REMAND this case to the Court of Appeals for
reconsideration in light of Dowdy.
CAVANAGH, J., would grant leave to appeal.
MARILYN KELLY, J., would grant leave to appeal to reconsider People v Dowdy,
489 Mich 373 (2011).
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.
October 24, 2011 _________________________________________
t1017 Clerk