Order Michigan Supreme Court
Lansing, Michigan
February 4, 2009 Marilyn Kelly,
Chief Justice
Michael F. Cavanagh
Elizabeth A. Weaver
137296 & (23)(24) Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 137296
COA: 282681
Wayne CC: 04-003088-FH
THOMAS JAMES WALLACE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the June 9, 2008 order 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. The motion to add issue is DENIED, without
prejudice to the defendant raising the issue in a motion for relief from judgment under
MCR subchapter 6.500.
KELLY, C.J., and CAVANAGH, J., would grant leave to appeal.
HATHAWAY, J., not participating. Justice Hathaway recuses herself and will not
participate in this case as she was the presiding trial court judge. See MCR 2.003(B).
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.
February 4, 2009 _________________________________________
d0128 Clerk