Order Michigan Supreme Court
Lansing, Michigan
April 5, 2006 Clifford W. Taylor,
Chief Justice
128924 Michael F. Cavanagh
128925 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: 128924, 128925
COA: 252872, 253861
Kent CC: 03-002380-FH
DAVID RONALD ECKMYRE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 3, 2005
judgment 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.
KELLY, J., would peremptorily reverse the judgment of the Court of Appeals and
remand for a new trial based on the trial judge’s failure to give an instruction on the
burden of proof.
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.
April 5, 2006 _________________________________________
p0329 Clerk