People v. Radtke

Order Michigan Supreme Court Lansing, Michigan September 22, 2008 Clifford W. Taylor, Chief Justice 136472 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, Plaintiff-Appellee, Justices v SC: 136472 COA: 283303 Wayne CC: 06-004706-FC SHARON KAY RADTKE, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the April 18, 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 Wayne Circuit Court to grant credit for time that the defendant spent in jail awaiting resolution of the case. Though the defendant was not entitled to bail under Michigan Constitution 1963, Article I § 15, because she was charged with murder and the proof was evident, this did not affect her eligibility for sentence credit under MCL 769.11b. 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. 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 22, 2008 _________________________________________ p0915 Clerk