Order Michigan Supreme Court
Lansing, Michigan
July 2, 2010 Marilyn Kelly,
Chief Justice
139348 & (69) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway,
Plaintiff-Appellee, Justices
v SC: 139348
COA: 278617
Wayne CC: 07-004190-01
ANTHONY RABY,
Defendant-Appellant.
_________________________________________/
By order of December 9, 2009, this case was remanded to the Court of Appeals for
reconsideration of the defendant’s Confrontation Clause issue in light of Melendez-Diaz v
Massachusetts, ___ US ___; 129 S Ct 2527; 174 L Ed 2d 314 (2009). On order of the
Court, the Court of Appeals having issued an opinion on remand, the application for
leave to appeal the March 31, 2009 judgment of the Court of Appeals is again considered,
and it is DENIED, because we are not persuaded that the questions presented should be
reviewed by this Court.
KELLY, C.J., would hold this case in abeyance for People v Lewis, Docket No.
140704, in which, by order of June 30, 2010, we directed the State Appellate Defender
Office to file a supplemental application for 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.
July 2, 2010 _________________________________________
0629 Clerk