Order Michigan Supreme Court
Lansing, Michigan
September 24, 2008 Clifford W. Taylor,
Chief Justice
133793 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 133793
COA: 276562
Livingston CC: 05-015451-FH
LOUTFI MIKO KADDIS,
Defendant-Appellant.
_________________________________________/
By order of October 3, 2007, the application for leave to appeal the March 29,
2007 order of the Court of Appeals was held in abeyance pending the decision in People
v Cannon (Docket No. 131994). On order of the Court, the case having been decided on
June 4, 2008, 481 Mich 152 (2008), the application is again 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 points for predatory
conduct may be assessed for Offense Variable 10, MCL 777.40(3)(a) [exploitation of
vulnerable victim], where the victim is a police decoy, and, if so, whether a defendant’s
intent to commit other offenses and his entire course of conduct may be considered as
“preoffense” conduct for purposes of assessing points for predatory conduct under this
Court’s decision in People v Cannon, supra. In all other respects, leave to appeal is
DENIED, because we are not persuaded that the remaining question presented should be
reviewed by this Court.
We do not retain jurisdiction.
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.
September 24, 2008 _________________________________________
p0917 Clerk