Order Michigan Supreme Court
Lansing, Michigan
June 1, 2010 Marilyn Kelly,
Chief Justice
139914 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: 139914
COA: 291123
Wayne CC: 99-012340-FC
KEITH TATE,
Defendant-Appellant.
_________________________________________/
On order of the Court, this Court’s May 25, 2010 order is amended to read as
follows:
On order of the Court, the application for leave to appeal the
September 10, 2009 order 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 order of the Court of Appeals and we REMAND this case to
the Court of Appeals for consideration as on leave granted of the issues
raised in the application filed in Court of Appeals No. 291123.
We do not retain jurisdiction.
HATHAWAY, J., not participating. Justice HATHAWAY recuses
herself and will not participate in this case as she was the presiding trial
court judge. See MCR 2.003(B).
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 1, 2010 _________________________________________
0517 Clerk