People v. Kirby

Order Michigan Supreme Court Lansing, Michigan October 26, 2009 Marilyn Kelly, Chief Justice Michael F. Cavanagh Elizabeth A. Weaver 139130 Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman Diane M. Hathaway, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 139130 COA: 291291 Kent CC: 08-009579-FH TODD PHILLIP KIRBY, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the May 8, 2009 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. 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 _________________________________________ d1019 Clerk