Order Michigan Supreme Court
Lansing, Michigan
July 23, 2008 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
131180 & (17) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 131180
COA: 269209
Lenawee CC: 97-007240-FH
EUGENE KNIGHT,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the March 31, 2006 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 denial is without prejudice to the defendant’s right
to file a motion for relief from judgment pursuant to MCR 6.500 et seq. that may include
the issues whether the 15-year maximum sentence represents a violation of the plea
agreement, which the circuit court in part characterized as the defendant agreeing to plead
guilty to “the charge of perjury with the understanding that the initial sentence would be
limited to a maximum of five years in prison”, and whether counsel was ineffective for
failing to object on this ground. See Plea Transcript (April 30, 1997), at pp. 2-4, 8-9.
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.
July 23, 2008 _________________________________________
s0716 Clerk