Order Michigan Supreme Court
Lansing, Michigan
September 23, 2009 Marilyn Kelly,
Chief Justice
136622 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: 136622
COA: 274508
Wayne CC: 06-006502-01
REGINALD LENOIR LEWIS,
Defendant-Appellant.
_________________________________________/
By order of April 22, 2009, the application for leave to appeal the April 15, 2008
judgment of the Court of Appeals was held in abeyance pending the decision in
Melendez-Diaz v Massachusetts, cert gtd __ US __; 129 S Ct 2527; 174 L Ed 2d 314
(2008). On order of the Court, the case having been decided on June 25, 2009, __ US __;
129 S Ct 2527; 174 L Ed 2d 314 (2009), the application is again considered and, pursuant
to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE in part the
judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for
reconsideration of the defendant’s Confrontation Clause, sufficiency of the evidence, and
ineffective assistance issues in light of Melendez-Diaz. In all other respects, leave to
appeal is DENIED, because we are not persuaded that the remaining questions presented
should be reviewed by this Court.
We do not retain jurisdiction.
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 23, 2009 _________________________________________
p0916 Clerk