Order Michigan Supreme Court
Lansing, Michigan
April 29, 2011 Robert P. Young, Jr.,
Chief Justice
142442-3 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: 142442-3
COA: 294147; 295111
Wayne CC: 09-012575-FH
MARTEEZ DONOVAN LAIDLER,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the December 28, 2010
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.302(H)(1).
We order the Wayne Circuit Court, in accordance with Administrative Order
2003-03, to appoint attorney Mark Hall, if feasible, to represent the defendant in this
Court. See MCR 6.425(G)(1)(d)(iv). The parties shall submit supplemental briefs within
42 days of the date of the order appointing appellate defense counsel. The briefs shall
address whether, for purposes of offense variable 3, Dante Holmes was a victim and,
even if Holmes was not a victim, whether the defendant could appropriately be scored
100 points for offense variable 3 on the theory that “death result[ed] from the commission
of a crime and homicide is not the sentencing offense.” See MCL 777.33(2)(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.
April 29, 2011 _________________________________________
h0426 Clerk