Order Michigan Supreme Court
Lansing, Michigan
December 9, 2009 Marilyn Kelly,
Chief Justice
139726 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: 139726
COA: 293350
Calhoun CC: 01-004547-FC
LORINDA IRENE SWAIN,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the September 10, 2009
order of the Court of Appeals is considered and, 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 as on leave granted. The Court of Appeals should address among the
issues presented: (1) whether the successive motion for relief from judgment in this case
was barred by MCR 6.502(G), and (2) if it was, whether defendant’s constitutional rights
are implicated given that the trial court found a significant possibility that defendant is
innocent based on evidence defendant’s attorney failed to present at trial.
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 9, 2009 _________________________________________
p1202 Clerk