(dissenting). This Court scheduled and heard oral arguments on the prosecutor’s application. 474 Mich 859 (2005). After this process, I believe that the parties’ advocacy and the significance of this issue weigh in favor of granting leave to appeal. Therefore, I must respectfully dissent from today’s decision. Rather than peremptorily reversing the judgment of the Court of Appeals, I would grant leave to appeal and decide this case after full briefing and oral argument.