Order Michigan Supreme Court
Lansing, Michigan
May 25, 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, 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 of the issues raised by the
defendant but not addressed by that court during its initial review of this case.
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.
May 25, 2010 _________________________________________
s0517 Clerk