Order Michigan Supreme Court
Lansing, Michigan
December 30, 2009 Marilyn Kelly,
Chief Justice
137865 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: 137865
COA: 277919
Macomb CC: 2007-000056-FC
JOSEPH HENDRIX,
Defendant-Appellant.
_________________________________________/
By order of March 23, 2009, the application for leave to appeal the October 16,
2008 judgment of the Court of Appeals was held in abeyance pending the decisions in
People v Borgne (Docket No. 134967) and People v Shafier (Docket No. 135435). On
order of the Court, the cases having been decided on July 1, 2009, 483 Mich 178 (2009)
and 483 Mich 205 (2009), the application is again considered. Pursuant to MCR
7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of
Appeals for consideration of the issue raised by the defendant but not addressed by that
court during its initial review of this case, specifically, whether the prosecutor presented
sufficient evidence of the defendant’s identity as the person who stole the van and pushed
the victim from the van during the theft. In all other respects, leave to appeal is DENIED
because we are not persuaded that the remaining questions presented should be reviewed
by this Court.
We do not retain jurisdiction.
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.
December 30, 2009 _________________________________________
s1217 Clerk