Order Michigan Supreme Court
Lansing, Michigan
November 13, 2006 Clifford W. Taylor,
Chief Justice
132210 Michael F. Cavanagh
Elizabeth A. Weaver
& (81) Marilyn Kelly
(82) Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
Justices
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v SC: 132210
COA: 264247
Macomb CC: 2005-000413-FH
GEOFFREY LEE BROWN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the August 11, 2006 order 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.
KELLY, J., dissents and states as follows:
MCR 7.211(C)(1)(b) states that a motion to remand must be granted if
accompanied by a certificate from the trial court indicating that the judge will grant a
motion for a new trial. In this case, the Court of Appeals did not grant petitioner’s
motion to remand for a new trial. Instead, it took different action, remanding for an
evidentiary hearing at which defendant could then move for a new trial. I would grant
leave to appeal so that the Court can clarify MCR 7.211(C)(1)(b). The only motion
referred to in subsection (b) appears to be a motion to remand for a new trial. I question
whether the court rule allows the Court of Appeals to remand for any purpose other than
the purpose sought by the petitioner here, a new 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.
November 13, 2006 _________________________________________
l1107 Clerk