Order Michigan Supreme Court
Lansing, Michigan
November 24, 2010 Marilyn Kelly,
Chief Justice
141482 Michael F. Cavanagh
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Stephen J. Markman
Plaintiff-Appellee, Diane M. Hathaway
v SC: 141482 Alton Thomas Davis,
COA: 288216 Justices
Wayne CC: 07-007134-FC
EDWARD ARTHUR HART,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 8, 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 defendant’s convictions for child
sexually abusive activity under MCL 750.145c(2), and we REMAND this case to the
Wayne Circuit Court for entry of judgments of conviction for possession of child
sexually abusive material and resentencing under MCL 750.145c(4). People v Hill, 486
Mich 658 (2010). In all other respects, leave to appeal is DENIED, because we are not
persuaded that the remaining questions presented should be reviewed by this Court.
We do not retain jurisdiction.
CORRIGAN, J. (concurring).
I concur in the order vacating defendant’s convictions under MCL 750.145c(2)
because this course of action is consistent with the majority opinion in People v Hill, 486
Mich 658 (2010). I write separately only to reiterate my disagreement with that majority
opinion—which I conclude incorrectly interpreted MCL 750.145c(2)—as expressed by
Justice YOUNG’s dissenting opinion in Hill, which I joined.
YOUNG, J. (concurring).
While I recognize that People v Hill, 486 Mich 658 (2010), controls the outcome
in this case, I continue to adhere to my dissenting opinion in Hill.
KELLY, C.J., would grant leave to appeal.
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 24, 2010 _________________________________________
1117 Clerk