Order Michigan Supreme Court
Lansing, Michigan
November 30, 2010 Marilyn Kelly,
Chief Justice
141825 Michael F. Cavanagh
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Stephen J. Markman
Plaintiff-Appellant, Diane M. Hathaway
Alton Thomas Davis,
v SC: 141825 Justices
COA: 299980
Isabella CC: 10-000054-FC
DANIEL DANNY LEONARD,
Defendant-Appellee.
_________________________________________/
AMENDMENT TO ORDER
On order of the Court, this Court’s October 26, 2010 order is amended, to correct a
clerical error, and reads as follows:
On order of the Court, the application for leave to appeal the September 3, 2010
order of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the question presented should be reviewed by this Court.
CORRIGAN, J., states as follows:
I would sua sponte reconsider the prosecutor’s application for leave to appeal in
light of a clerical error that was brought to the Court’s attention after our order denying
leave entered on October 26, 2010. In this interlocutory appeal, the prosecutor argued
that the trial court abused its discretion by excluding from trial videotaped interviews of
the defendant by the police. Both the Court of Appeals and this Court denied the
prosecutor’s applications for leave to appeal. I concurred in this Court’s decision in part
because it appeared that the prosecutor failed to provide copies of the videotapes to this
Court for review. After our order denying leave entered, however, the prosecutor pointed
out that he had offered copies of the tapes to the Court and had indicated their availability
on the coversheet of the application. The Court then discovered that an internal filing
error prevented the information concerning the tapes’ availability from being
disseminated to the justices. Because the content of the tapes might affect my decision
concerning whether the trial judge properly excluded them from trial, I would reconsider
the prosecutor’s application in light of their availability.
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.
November 30, 2010 _________________________________________
d1124 Clerk