People v. BODRIE

Order                                                                                        Michigan Supreme Court
                                                                                                   Lansing, Michigan

  December 9, 2005                                                                                       Clifford W. Taylor,
                                                                                                                 Chief Justice

  128649                                                                                               Michael F. Cavanagh
                                                                                                       Elizabeth A. Weaver
                                                                                                              Marilyn Kelly
                                                                                                         Maura D. Corrigan
  PEOPLE OF THE STATE OF MICHIGAN,                                                                     Robert P. Young, Jr.
            Plaintiff-Appellee,                                                                        Stephen J. Markman,
                                                                                                                      Justices

  v                                                                 SC: 128649
                                                                    COA: 252969
                                                                    Tuscola CC: 02-008497-FC
  GEORGE LAVERN BODRIE,
           Defendant-Appellant.

  _________________________________________/

        On order of the Court, the application for leave to appeal the March 15, 2005
  judgment 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.

         KELLY, J., dissents and states as follows:

         I would grant leave to appeal in order to examine the viability of the rule relied on
  by the trial court, People v DerMartzex, 390 Mich 410 (1973).




                           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.
                           December 9, 2005                    _________________________________________
           p1206                                                               Clerk