Order Michigan Supreme Court
Lansing, Michigan
April 17, 2009 Marilyn Kelly,
Chief Justice
135281 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: 135281
COA: 270197
Gratiot CC: 05-005126-FH
DAVID PAUL MCCAW,
Defendant-Appellant.
_________________________________________/
By order of July 23, 2008, the application for leave to appeal the October 4, 2007
judgment of the Court of Appeals was held in abeyance pending the decision in People v
Watkins (Docket No. 135787). On order of the Court, leave to appeal having been denied
in Watkins, 482 Mich 1114 (2008), the application is again considered, and it is DENIED,
because we are not persuaded that the questions presented should be reviewed by this
Court.
KELLY, C.J., would grant leave to appeal for the reasons set forth in her dissenting
statement in People v Xiong, ___ Mich ___ (Docket No. 135158, order entered April 17,
2009).
CAVANAGH, J., joins the statement of KELLY, C.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.
April 17, 2009 _________________________________________
s0414 Clerk