Order Michigan Supreme Court
Lansing, Michigan
June 23, 2009 Marilyn Kelly,
Chief Justice
136017 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: 136017
COA: 269250
Washtenaw CC: 05-001221-FH
MICHAEL WILLIAM MUNGO,
Defendant-Appellant.
_________________________________________/
By order of May 27, 2008, the application for leave to appeal the January 17, 2008
judgment of the Court of Appeals was held in abeyance pending the decision of the
United States Supreme Court in Arizona v Gant (Docket No. 07-542). On order of the
Court, the case having been decided on April 21, 2009, Arizona v Gant, 556 US ___; 129
S Ct 1710; 173 L Ed 2d 485 (2009), the application is again considered and, pursuant to
MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the
Court of Appeals and REMAND this case to that court for reconsideration in light of the
decision in Arizona v Gant.
We further note that a similar issue is presented in People v Hunter, unpublished
opinion per curiam of the Court of Appeals, issued on April 3, 2008 (Docket No.
272873), which we have peremptorily vacated and remanded to the Court of Appeals for
reconsideration in light of Gant by order dated June 23, 2009 (Docket No. 136546).
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.
June 23, 2009 _________________________________________
s0615 Clerk
People v. Mungo
Combined Opinion