Order Michigan Supreme Court
Lansing, Michigan
February 8, 2008 Clifford W. Taylor,
Chief Justice
135366 & (60)(61) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
MICHIGAN ex rel THE MUSKEGON Robert P. Young, Jr.
COUNTY PROSECUTOR, Stephen J. Markman,
Justices
Plaintiff-Appellant,
v SC: 135366
COA: 281321
Muskegon CC: 07-045526-AW
MICHIGAN DEPARTMENT OF CORRECTIONS
and WAYNE LEE STEVENS,
Defendants-Appellees.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the November 29, 2007 judgment 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 for stay is DENIED.
MARKMAN, J., concurs and states as follows:
The prosecutor, in my judgment, raises reasonable questions concerning
(a) whether the Department of Correction’s “immediate usage” method of computing
good-time and special good-time credits is in better accord with MCL 800.33 than the
“earn as you serve” method identified by the prosecutor, and (b) whether an inmate’s
escape sentence properly begins before the inmate’s murder sentence has reached its
statutory maximum or before the parole board has expressly terminated the murder
sentence. However, in light of the fact that the department’s current policies and
practices have been employed for more than a half century, and in light of the reliance
interests that have arisen in connection with these policies and practices, I believe that
further relief must come from the legislative or executive branches of government. See
People v Lively, 470 Mich 248, 259 (2004) (Markman, J., concurring).
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 8, 2008 _________________________________________
t0205 Clerk