People v. BARBARICH

Order Michigan Supreme Court Lansing, Michigan January 29, 2010 Marilyn Kelly, Chief Justice 139060 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: 139060 COA: 290772 Wayne CC: 08-012609-AR SHAUN DAVID BARBARICH, Defendant-Appellee. _________________________________________/ On January 12, 2010, the Court heard oral argument on the application for leave to appeal the June 3, 2009 order of the Court of Appeals. On order of the Court, the application is again considered. MCR 7.302(H)(1). In lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted. We do not retain jurisdiction. CAVANAGH, J., would deny 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. January 29, 2010 _________________________________________ 0126 Clerk