People v. VANWAGONER

Order Michigan Supreme Court Lansing, Michigan December 9, 2005 Clifford W. Taylor, Chief Justice 128349 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: 128349 COA: 250926 Jackson CC: 01-004448-FC CHAD NICHOLAS VANWAGONER, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the March 10, 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. CORRIGAN, J., would grant leave to appeal to reconsider People v Bender, 452 Mich 594 (1996). KELLY, J., dissents and states as follows: Defendant’s confession was properly suppressed by the trial court under People v Bender, 452 Mich 594 (1996). 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