Order Michigan Supreme Court
Lansing, Michigan
September 23, 2011 Robert P. Young, Jr.,
Chief Justice
141160 & (80) 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: 141160
COA: 269250
Washtenaw CC: 05-001221-FH
MICHAEL WILLIAM MUNGO,
Defendant-Appellee.
_________________________________________/
By order of October 29, 2010, we granted leave to appeal the April 13, 2010
judgment of the Court of Appeals. By order of April 5, 2011, this case was held in
abeyance pending the decision in Davis v United States, cert gtd ___ US ___; 131 S Ct
502; 178 L Ed 2d 368 (2010). On order of the Court, the case having been decided on
June 16, 2011, Davis v United States, ___ US ___; 131 S Ct 2419; 180 L Ed 2d 285
(2011), we VACATE our October 29, 2010 order that granted leave to appeal, we
VACATE the Court of Appeals judgment of April 13, 2010, and we REMAND this case
to the Court of Appeals for reconsideration in light of Davis. The motion to file
supplemental authority is DENIED as moot.
We do not retain jurisdiction.
ZAHRA, J., did not participate because he was on the Court of Appeals panel.
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.
September 23, 2011 _________________________________________
y0920 Clerk