Order Michigan Supreme Court
Lansing, Michigan
April 8, 2011 Robert P. Young, Jr.,
Chief Justice
142228 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 142228
COA: 292942
Hillsdale CC: 08-321794-FH
MICHAEL CARL COOLEY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 19, 2010
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed whether offense variable (OV) 19 was properly
scored at 10 points under MCL 777.49(c), because the defendant “interfered with or
attempted to interfere with the administration of justice,” based on his conduct in
throwing away evidence and denying guilt.
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association of Michigan are invited to file briefs amicus curiae.
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 8, 2011 _________________________________________
0405 Clerk