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