Order Michigan Supreme Court
Lansing, Michigan
November 9, 2005 Clifford W. Taylor,
Chief Justice
129209 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: 129209
COA: 252561
Van Buren CC: 03-013348-FH
MICHAEL FRANCIS WELSH,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 21, 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 REMAND this case to the Court of Appeals for
reconsideration of the issue whether defendant’s third-degree criminal sexual conduct
convictions are supported by sufficient evidence in light of People v Carlson, 466 Mich
130, 140 (2002), and the applicable statutory text that requires “force or coercion.” MCL
750.520d(1)(b) and MCL 750.520f(1)(i)-(v). In all other respects, leave to appeal is
DENIED because we are not persuaded that the remaining questions presented should be
reviewed by this Court.
We do not retain jurisdiction.
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.
November 9, 2005 _________________________________________
s1102 Clerk