Order Michigan Supreme Court
Lansing, Michigan
May 30, 2007 Clifford W. Taylor,
Chief Justice
133003 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman,
Plaintiff-Appellee, Justices
v SC: 133003
COA: 274360
St. Joseph CC: 05-013192-FC
MARTIN LEWIS ERTMAN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the December 27, 2006
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
application for leave to appeal under the standard applicable to direct appeals. The Court
of Appeals erred in denying the defendant’s application for leave to appeal under MCR
6.508(D) because the defendant’s appeal was not based on a motion for relief from
judgment.
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.
May 30, 2007 _________________________________________
p0521 Clerk