Order Michigan Supreme Court
Lansing, Michigan
September 14, 2007 Clifford W. Taylor,
Chief Justice
133801 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
________________________________________ Stephen J. Markman,
Justices
IN RE MICHAEL EUGENE THOMAS, Minor.
________________________________________
PEOPLE OF THE STATE OF MICHIGAN,
Petitioner-Appellant,
v SC: 133801
COA: 264549
Macomb CC
Family Division:04-05706811-DL
MICHAEL EUGENE THOMAS,
Respondent-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the March 22, 2007
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the question presented should be reviewed by this Court.
WEAVER, CORRIGAN, and YOUNG, JJ., would vacate the judgment of the Court of
Appeals and remand this case to the Court of Appeals for reconsideration of its analysis
in light of the respondent’s statements admitting that he touched the complainant. The
prosecutor submitted evidence at trial that the respondent admitted to the police and to his
mother that he accidentally touched the complainant’s vaginal area when he picked her
up to remove her from his home. The Court of Appeals did not discuss this evidence in
its opinion when evaluating the effect of the evidentiary errors on the outcome of the
respondent’s trial.
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 14, 2007 _________________________________________
s0911 Clerk