Order Michigan Supreme Court
Lansing, Michigan
October 7, 2009 Marilyn Kelly,
Chief Justice
137467 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: 137467
COA: 247391
Jackson CC: 02-002915-FC
KATHERINE SUE DENDEL a/k/a
KATHERINE SUE BURLEY,
Defendant-Appellant.
_________________________________________/
By order of February 24, 2009, the application for leave to appeal the September
11, 2008 judgment of the Court of Appeals was held in abeyance pending the decision in
Melendez-Diaz v Massachusetts, cert gtd __ US __; 129 S Ct 2527; 174 L Ed 2d 314
(2008). On order of the Court, the case having been decided on June 25, 2009, __ US __;
129 S Ct 2527; 174 L Ed 2d 314 (2009), the application is again considered and, pursuant
to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE in part the
judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for
reconsideration of the defendant’s Confrontation Clause and hearsay issues in light of
Melendez-Diaz. 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
direct the Court of Appeals’ attention to the fact that we have also remanded People v
Lewis (Docket No. 136622) to the Court of Appeals for reconsideration in light of
Melendez-Diaz.
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.
October 7, 2009 _________________________________________
p0930 Clerk