Order Michigan Supreme Court
Lansing, Michigan
January 27, 2006 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
129644 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 129644
COA: 260553
Kalamazoo CC: 97-001301-FC
JOHN ANDREW DORN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 16, 2005
order of the Court of Appeals is considered, and it is DENIED, because the defendant has
failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
KELLY, J., dissents and states as follows:
I would remand to allow defendant his appeal as of right. Defendant lost that right
because of the late filing of his petition. He alleges prison officials caused the late filing
by delaying the mailing of his petition. This is another case that cries out for the
Supreme Court to take action to adopt a prison mailbox rule in Michigan.
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.
January 27, 2006 _________________________________________
d0124 Clerk
People of Michigan v. John Andrew Dorn
Combined Opinion