Order Michigan Supreme Court
Lansing, Michigan
September 28, 2009 Marilyn Kelly,
Chief Justice
137765 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: 137765
COA: 278446
Marquette CC: 07-044351-FH
KEVIN RAY FISHER,
Defendant-Appellant.
_________________________________________/
By order of March 23, 2009, the application for leave to appeal the October 2,
2008 judgment of the Court of Appeals was held in abeyance pending the decision in
People v Idziak (Docket No. 137301). On order of the Court, the case having been
decided on July 31, 2009, 484 Mich 549 (2009), the application is again 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).
CAVANAGH, J., would grant leave to appeal to reconsider 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.
September 28, 2009 _________________________________________
p0921 Clerk