People v. Mungo

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 We further note that a similar issue is presented in People v Hunter, unpublished opinion per curiam of the Court of Appeals, issued on April 3, 2008 (Docket No. 272873), which we have peremptorily vacated and remanded to the Court of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