People v. Thompson

Order                                                                                        Michigan Supreme Court
                                                                                                   Lansing, Michigan

  September 25, 2009                                                                                             Marilyn Kelly,
                                                                                                                    Chief Justice

  138203                                                                                               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: 138203
                                                                    COA: 278243
                                                                    Bay CC: 06-011226-FH;
                                                                    06-011227-FH
  NICHOLAS TAGEN THOMPSON,
           Defendant-Appellant.

  _________________________________________/

        On order of the Court, the application for leave to appeal the December 16, 2008
  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. (dissenting).

         I would grant leave to appeal to consider the constitutionality of MCL 768.27b.
  The statute threatens to gut our Michigan Rules of Evidence. The case raises a serious
  separation of powers issue. I believe that the Court is remiss in not considering this
  jurisprudentially significant question.1

        CAVANAGH, J., would grant leave to appeal.




  1
    For a thorough discussion of this issue, refer to Justice Cavanagh’s dissenting statement
  in People v Watkins, 482 Mich 1114 (2008), which I joined.



                           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 25, 2009                  _________________________________________
           p0922                                                               Clerk