Order Michigan Supreme Court
Lansing, Michigan
June 28, 2010 Marilyn Kelly,
Chief Justice
Michael F. Cavanagh
Elizabeth A. Weaver
140921 & (63) Maura D. Corrigan
(64)(65)(66) Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee/
Cross-Appellant,
v SC: 140921
COA: 287859
Branch CC: 06-108611-FH
TIMOTHY ALLEN MILLER,
Defendant-Appellant/
Cross-Appellee.
_________________________________________/
On order of the Court, the motion for immediate consideration and the motion to
withdraw the motion to withdraw the application are GRANTED. The application for
leave to appeal the February 16, 2010 judgment of the Court of Appeals and the
application for leave to appeal as cross-appellant are considered. The application for
leave to appeal is DENIED, because we are not persuaded that the question presented
should be reviewed by this Court. It appearing to this Court that the case of People v
Smith (Docket No. 140371) is pending on appeal before this Court and that the decision
in that case may resolve an issue raised in the present application for leave to appeal as
cross-appellant, we ORDER that the application for leave to appeal as cross-appellant be
held in ABEYANCE pending the decision in that case.
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.
June 28, 2010 _________________________________________
d0621 Clerk