People v. McMurtry

Order Michigan Supreme Court Lansing, Michigan September 28, 2009 Marilyn Kelly, Chief Justice 138265 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: 138265 COA: 289031 Kent CC: 08-000080-FH DEMETRIUS LAMONT MCMURTRY, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the January 6, 2009 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question 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 _________________________________________ s0921 Clerk