Order Michigan Supreme Court
Lansing, Michigan
December 21, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
133729(48) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 133729
COA: 265473
Oakland CC: 2002-186567-FH
THOMAS ERVIN HAWTHORNE,
Defendant-Appellee.
_________________________________________/
On order of the Court, the motion for reconsideration of this Court’s October 19,
2007 order is considered, and it is DENIED, because it does not appear that the order was
entered erroneously.
KELLY, J., dissents and states as follows:
I would grant the motion for reconsideration and deny the application for leave to
appeal. The Court has already remanded this case to the trial court for a hearing on
defendant’s speedy-trial motion. At that time, the prosecution failed to explain its failure
over a period of nine years to bring defendant to trial. I see no reason for a second
remand.
CAVANAGH and MARKMAN, JJ., join the statement of KELLY, J.
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.
December 21, 2007 _________________________________________
d1218 Clerk