Order Michigan Supreme Court
Lansing, Michigan
October 7, 2009 Marilyn Kelly,
Chief Justice
138818 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: 138818
COA: 279254
Saginaw CC: 06-027797-FC
JEFFREY MONTREAL CURRY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 12, 2009
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and
we REMAND this case to the Saginaw Circuit Court for the court to make factual
findings on the defendant’s motion to suppress his statement to police. Although it
denied defendant’s motion by order of April 11, 2007, the circuit court failed to make
factual findings or set forth its reasons for denying the motion. As a consequence, the
Court of Appeals lacked a factual basis for considering whether the circuit court properly
admitted the defendant’s statement.
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 _________________________________________
l0930 Clerk