Order Michigan Supreme Court
Lansing, Michigan
January 29, 2010 Marilyn Kelly,
Chief Justice
Michael F. Cavanagh
Elizabeth A. Weaver
139142 Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 139142
COA: 290470
Oakland CC: 2003-190054-FC
DAVID JAMES MATHIS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 12, 2009 order
of the Court of Appeals is considered. We DIRECT the Oakland County Prosecuting
Attorney to answer the application for leave to appeal within 28 days after the date of this
order. The Prosecuting Attorney shall address whether, assuming only for the sake of
argument that the trial court erred in determining that the defendant’s OV 11 issue was
raised and decided against him on his direct appeal, the defendant has established cause
and prejudice under MCR 6.508(D).
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 _________________________________________
d0125 Clerk