Order Supreme Court
Lansing, Michigan
September 23, 2005 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
128587 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman,
Plaintiff-Appellant, Justices
v SC: 128587
COA: 252567
Calhoun CC: 94-001864-FC
BENJAMIN JAMES O’DONNELL
Defendant-Appellee.
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On order of the Court, the application for leave to appeal the April 19, 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 REVERSE the judgment of the Court of Appeals and
REINSTATE defendant's armed robbery conviction. The decisions in People v
Randolph, 466 Mich 532 (2002), and People v Scruggs, 256 Mich App 303 (2003), are to
be given limited retroactive effect, applying only to those cases pending on appeal in
which the issue was raised and preserved. People v Cornell, 466 Mich 335, 367 (2002);
People v Pasha, 466 Mich 378, 384 (2002).
CAVANAGH and KELLY, JJ., would grant or deny leave to appeal.
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.
September 23, 2005
_________________________________________
s0919 Clerk