Order Michigan Supreme Court
Lansing, Michigan
March 29, 2006 Clifford W. Taylor,
Chief Justice
130332 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellant, Stephen J. Markman,
Justices
v SC: 130332
COA: 255641
Genesee CC: 03-012258-FC
JEROME EDWIN MONTGOMERY,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the November 22, 2005
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE that portion of the Court of Appeals
judgment that pertains to this defendant for the reasons stated in the dissenting opinion,
and REINSTATE defendant’s convictions for kidnapping, conspiracy to kidnap, and
first-degree home invasion. We REMAND this case to the Court of Appeals for
consideration of the remaining issues that were raised by defendant, but not addressed by
the court.
We do not retain jurisdiction.
KELLY, J., would deny leave to appeal.
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.
March 29, 2006 _________________________________________
s0322 Clerk