People v. Horacek

Order Michigan Supreme Court Lansing, Michigan October 26, 2009 Marilyn Kelly, Chief Justice 138604 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: 138604 COA: 286904 Oakland CC: 2005-204884-FH DANIEL HORACEK, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the February 11, 2009 order of the Court of Appeals is considered, and it is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). KELLY, C.J., would grant leave to appeal for the reasons set forth in her opinion in People v Idziak, 484 Mich 549 (2009). 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. October 26, 2009 _________________________________________ s1019 Clerk