Order Michigan Supreme Court
Lansing, Michigan
September 26, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
133704 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: 133704
COA: 275792
St. Joseph CC: 06-013477-FH
FRANK LEONARD BUTZ,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 20, 2007 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
granting leave to appeal, we VACATE the order of the Court of Appeals and we
REMAND this case to the Court of Appeals for reconsideration of the defendant’s
delayed application for leave to appeal under the standard applicable to such appeals.
The Court of Appeals erred in denying the defendant’s application for failure to persuade
the Court of the need for immediate appellate review because this appeal was not
interlocutory. Within 28 days of the date of this order, the Court of Appeals shall
reconsider the defendant’s delayed application under the appropriate standard and decide
whether it should be granted.
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 26, 2007 _________________________________________
d0919 Clerk