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