Order Michigan Supreme Court
Lansing, Michigan
June 23, 2009 Marilyn Kelly,
Chief Justice
Michael F. Cavanagh
Elizabeth A. Weaver
138197 & (20) Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 138197
COA: 287972
Bay CC: 99-001541-FH
LEE HENRY BERRY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 18, 2008
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. The denial is
without prejudice to the defendant filing a delayed application for leave to appeal in the
Court of Appeals from the Bay Circuit Court’s August 26, 2008 order denying relief from
judgment under MCR Subchapter 6.500. See MCR 6.509(A); MCR 7.205(F)(3). The
motion for resentencing is DENIED.
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 _________________________________________
d0615 Clerk