Order Michigan Supreme Court
Lansing, Michigan
March 9, 2011 Robert P. Young, Jr.,
Chief Justice
140636 & (74) 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: 140636
COA: 279161
Kent CC: 06-003485-FC
DENNIS LEE TOMASIK,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for miscellaneous relief is GRANTED. The
application for leave to appeal the January 26, 2010 judgment of the Court of Appeals is
considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we
VACATE the judgment of the Court of Appeals and REMAND this case to the Kent
Circuit Court for further proceedings pursuant to this Court’s decision in People v
Stanaway, 446 Mich 643 (1994). On remand, the trial court shall disclose to the
defendant the March 26, 2003 report authored by Timothy Zwart of Pine Rest Christian
Mental Health Services and the March 1, 2003 form authored by Denise Joseph-Enders.
After disclosing these documents to the defendant, the trial court shall permit the
defendant to argue that a new trial should be granted.
We do not retain jurisdiction.
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.
March 9, 2011 _________________________________________
y0302 Clerk