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