Order Michigan Supreme Court
Lansing, Michigan
May 29, 2009 Marilyn Kelly,
Chief Justice
137691 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: 137691
COA: 287411
Kent CC: 07-002979-FH
MATTHEW THOMAS COOK,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 1, 2008
order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for
consideration, as on leave granted, of whether twenty-five points were properly assessed
for OV 13 (MCL 777.43), and whether the trial court satisfied the provisions of MCL
767.61a when, without objection by the defendant, it reviewed documents but did not call
witnesses in determining that the defendant was a sexually delinquent person. 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.
WEAVER, J., would not remand this case because she is not persuaded that this
Court should take action, particularly where it appears that the second issue was not even
preserved for appeal.
YOUNG, J., joins the statement of WEAVER, J.
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.
May 29, 2009 _________________________________________
p0526 Clerk