Order Michigan Supreme Court
Lansing, Michigan
September 28, 2009 Marilyn Kelly,
Chief Justice
138273 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: 138273
COA: 279499
Mecosta CC: 06-005930-FH
MICHAEL JOSEPH SMITH,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 22, 2009
judgment of the Court of Appeals is 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 _________________________________________
0921 Clerk