Order Michigan Supreme Court
Lansing, Michigan
July 25, 2011 Robert P. Young, Jr.,
Chief Justice
141174 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
PEOPLE OF THE STATE OF MICHIGAN, Mary Beth Kelly
Plaintiff-Appellee, Brian K. Zahra,
Justices
v SC: 141174
COA: 296850
Muskegon CC: 09-057368-FH;
09-057533-FH
JAMES EARL McCLENDON III,
Defendant-Appellant.
_________________________________________/
By order of April 5, 2011, the application for leave to appeal the April 19, 2010
order of the Court of Appeals 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, ___ US ___; 131 S Ct 2419;
__ L Ed 2d __ (2011), the application is again considered, and it is DENIED, because we
are not persuaded that the question presented should be reviewed by this Court.
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.
July 25, 2011 _________________________________________
p0718 Clerk