Order Michigan Supreme Court
Lansing, Michigan
April 2, 2010 Marilyn Kelly,
Chief Justice
Michael F. Cavanagh
Elizabeth A. Weaver
139947(38) Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway,
Plaintiff-Appellee, Justices
v SC: 139947
COA: 291617
Wayne CC: 08-013456-FC
DONALD C. RICHARDSON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for reconsideration of this Court’s January 22,
2010 order is considered, and it is DENIED, because it does not appear that the order was
entered erroneously.
MARKMAN, J. (dissenting).
I respectfully dissent, and would grant the motion for reconsideration and grant
bond pending appeal. Given that: (a) defendant was on bond both prior to trial and prior
to sentencing without incident; (b) given that defendant, a 60-year old man, has
apparently never been in trouble with the law, either as an adult or as a juvenile; (c) given
that defendant has resided at the same home in Detroit for 34 years without prior
incident; (d) given the circumstances of defendant’s family’s heavy reliance upon him;
(e) given what I view as significant issues of self-defense and the defense of third
persons, specifically his wife and grandchildren, that have been raised on appeal; (f)
given the apparent increasing instability of defendant’s neighborhood, as represented in
this case by drug-abusing neighbors who had recently moved in next door; and (g) given
that, at the time of this assault, defendant indisputably was approached on his own
property by three of his neighbors, two of whom were under the influence of alcohol and
drugs and one of whom was wielding a baseball bat and who had hit defendant’s screen
door with the bat, I believe that defendant has satisfied the standards of MCL 770.9a for
bond pending 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 2, 2010 _________________________________________
d0330 Clerk