Order Michigan Supreme Court
Lansing, Michigan
December 9, 2005 Clifford W. Taylor,
Chief Justice
128407 & (75) 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: 128407
COA: 246922
Wayne CC: 02-005789-01
DARRELL JERROD PHILLIPS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion to add issue is considered and it is DENIED.
The application for leave to appeal the December 21, 2004 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., dissents and states as follows:
The corpus delicti rule for felony murder applies here. It requires the prosecution
to prove the underlying felony before a defendant’s statement of intent to commit the
underlying felony can be used against the defendant to establish the felony murder.
Because that rule was violated, the Court should grant leave to appeal and should
reconsider People v Hughey, 186 Mich App 585 (1990).
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 _________________________________________
s1206 Clerk