People v. Porter

Order Michigan Supreme Court Lansing, Michigan August 29, 2006 Clifford W. Taylor, Chief Justice 130905 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly PEOPLE OF THE STATE OF MICHIGAN, Maura D. Corrigan Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices v SC: 130905 COA: 267405 Wayne CC: 04-009644-01 JERRY MICHAEL PORTER, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the March 20, 2006 order 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. Because defendant’s application for leave to appeal was timely filed in the Court of Appeals pursuant to MCR 7.205(F)(3), and the Court of Appeals does not explain why it treated defendant’s application as an appeal from an order denying relief from judgment, it appears that the Court of Appeals erroneously relied on MCR 6.508(D) to deny defendant’s application. 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. August 29, 2006 _________________________________________ s0821 Clerk