People v. Hendrix

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