Order Michigan Supreme Court
Lansing, Michigan
September 11, 2009 Marilyn Kelly,
Chief Justice
138368 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman
Plaintiff-Appellee, Diane M. Hathaway,
Justices
v SC: 138368
COA: 288693
Oakland CC: 2007-217140-FH
DANIEL JAMES MCKELVIE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 12, 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. For purposes of
MCR 6.502(G)(1), the Court notes that, contrary to the Court of Appeals characterization
of the defendant’s application as relating to a motion for relief from judgment, the
defendant’s application sought leave to appeal a judgment of conviction. The application
was properly denied, however, due to the lack of merit in the grounds presented.
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 11, 2009 _________________________________________
d0831 Clerk