Order Michigan Supreme Court
Lansing, Michigan
April 5, 2011 Robert P. Young, Jr.,
Chief Justice
141174 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: 141174
COA: 296850
Muskegon CC: 09-057368-FH
09-057533-FH
JAMES EARL McCLENDON, III,
Defendant-Appellant.
_________________________________________/
By order of October 29, 2010, this case was held in abeyance for People v Mungo
(Docket No. 141160) and People v Short (Docket No. 141822). On the Court’s own
motion, we VACATE our abeyance order of October 29, 2010. The application for leave
to appeal the April 19, 2010 order of the Court of Appeals is again considered and, it
appearing to this Court that the case of Davis v United States, cert gtd ___ US ___; 131 S
Ct 502; 178 L Ed 2d 368 (2010), is pending before the United States Supreme Court and
the decision in that case may resolve an issue raised in the present application for leave to
appeal, we ORDER that the application be held in ABEYANCE pending the decision in
Davis.
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.
April 5, 2011 _________________________________________
0405 Clerk