People of Michigan v. James Thomas Wright Jr

Order Michigan Supreme Court Lansing, Michigan September 21, 2011 Robert P. Young, Jr., Chief Justice 143120 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: 143120 COA: 297192 Wayne CC: 09-027497-FH JAMES THOMAS WRIGHT, JR., Defendant-Appellee. _________________________________________/ On order of the Court, the application for leave to appeal the May 17, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals. The prosecutor did not move to dismiss the case, and the order of dismissal states that the dismissal was “on motion of the court.” We REMAND this case to the Court of Appeals for consideration of the issues raised by the prosecutor but not addressed by that court during its initial review of this case. MARILYN KELLY, J., would deny leave to appeal. 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 21, 2011 _________________________________________ y0914 Clerk