Order Michigan Supreme Court
Lansing, Michigan
April 30, 2010 Marilyn Kelly,
Chief Justice
140530 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-Appellant, Justices
v SC: 140530
COA: 281384
Oakland CC: 2006-211290-FC
CLEINTE J. BUCKNER,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the January 21, 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 REVERSE the judgment of the Court of Appeals.
The evidence, when taken in the light most favorable to the prosecution, showed that the
defendant did not act in self-defense when he fired a series of deadly shots at the victim.
Whether the victim was armed with a gun was a factual issue during the trial. A
reviewing court must resolve all reasonable inferences and facts in favor of the verdict.
People v Nowack, 462 Mich 392 (2000). Hence, the Court of Appeals should have
considered whether the defendant’s use of deadly force was justified where the victim
was unarmed. We REMAND this case to the Court of Appeals for consideration of the
other issues raised by the defendant but not addressed by that court during its initial
review of the case.
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.
April 30, 2010 _________________________________________
p0427 Clerk