People v. Sutton

Order                                                                                        Michigan Supreme Court
                                                                                                   Lansing, Michigan

  September 28, 2009                                                                                             Marilyn Kelly,
                                                                                                                    Chief Justice

  137675                                                                                               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: 137675
                                                                    COA: 287413
                                                                    Washtenaw CC: 07-001230-FC
  KENNETH DARNELL SUTTON,
           Defendant-Appellant.

  _________________________________________/

         By order of March 23, 2009, the application for leave to appeal the October 1,
  2008 order 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