Order Michigan Supreme Court
Lansing, Michigan
May 1, 2009 Marilyn Kelly,
Chief Justice
137627 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: 137627
COA: 245099
Van Buren CC: 00-011976-FC
JUNIOR FRED BLACKSTON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 7, 2008
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court.
MARKMAN, J. (concurring).
For the reasons stated in my dissenting opinion in People v Blackston, 481 Mich
451 (2008), I continue to believe that the trial court abused its discretion here in
excluding the recanting statements and that the error was not harmless. However,
because this Court has already addressed this issue and my position did not prevail, and
because I agree with the Court of Appeals that defendant’s remaining issues are without
merit, I concur in this Court’s decision to now deny leave to appeal.
KELLY, C.J., joins the statement of MARKMAN, 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 1, 2009 _________________________________________
p0428 Clerk